Buy Now Testing - Rob Closed (#904559)

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JOHN P YE & SONS - TERMS OF PARTICIPATION AND PURCHASE OF VEHICLES BY AUCTION

1 INTERPRETATION

1.1 The definitions in this clause apply to these Terms:

“Buyer” shall mean the maker of the highest bid accepted by JOHN PYE & SONS

whether on the fall of the hammer (when the Hammer Price is achieved) or by private

treaty sale.

“Buyer Premium” means the percentage of the Hammer Price, as specified in the

Important Notes, usually being 25% of the price of the Lot.

“Contract” means the contract for purchase formed between the Buyer and the Seller

once the Hammer Price has been achieved.

“Defaulter’s Entry Fee” means the fee of £130 to be charged to the relevant party in

the case of any Vehicle having to be re-auctioned otherwise than due to a fault of

JOHN PYE & SONS.

“Deposit” means the deposit paid by the potential buyer upon Registration of either

£200 or £500 as notified by JOHN PYE & SONS in the Important Notes.

“Hammer Price” shall mean the highest bid accepted by JOHN PYE & SONS including

any VAT that may be included therein.

“Important Notes” means the notes associated with each auction including but not

limited to the Health & Safety notes, viewing times, payment details, collection times,

the amount of the Buyer Premium, VAT chargeable, and any other relevant terms

relating to that particular auction and/or sale, and which in all cases are governed by

these Terms.

“JOHN PYE & SONS” means John Pye and Sons Limited and includes the trading style

John Pye Auctions but is not limited to JOHN PYE & SONS, which has conduct of auctions

and sales and/or any of its other authorised representatives thereof.

“Premises” means the premises in which the auction is taking place, and, where

relevant, the location where the individual Vehicles and/or lots under the control of

JOHN PYE & SONS are stored.

“Registration” means all of the following:

a. the payment of the Deposit electronically, or as otherwise notified by JOHN PYE

& SONS in the relevant Important Notes; and

b. the presentation of 2 forms of valid photo identification acceptable to JOHN PYE

& SONS.

“Seller” includes any prospective seller save where the context otherwise requires.

“VAT” means Value Added Tax.

“Vehicle” includes every kind of motor car, motorcycle, trailer and/or motorised

caravan and every kind of commercial, agricultural and other self-propelled vehicle

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and mechanical and electrical plant and equipment, and any current vehicle excise

license attached to it, one or more of which may comprise a lot offered for sale or

auction.

“Website” means the website selling Vehicles accessed via the domain name

“johnpyevehicles.co.uk” and “johnpye.co.uk”.

“Working Day” means any day that JOHN PYE & SONS is open to the public for business.

1.2 Headings do not affect the interpretation of these Terms.

1.3 The headings of the Terms do not form part of the Terms.

1.4 References in these Terms to writing or written include e-mail but not faxes.

1.5 If any of these Terms are inconsistent with any term of the Important Notes, the

Important Notes shall prevail.

1.6 Except where the context requires otherwise words denoting the singular include the

plural and vice versa. Words denoting one gender include all genders and words

denoting persons include corporations and vice versa.

1.7 A reference to a statute or a statutory provision is a reference to it as it is in force for

the time being, taking account of any amendment, extension or re-enactment, and

includes any subordinate legislation for the time being in force made under it.

1.8 Reference to a ‘lot’ or ‘lots’ under these Terms is a general reference in respect of

the auction of Vehicles only.

1.9 All Vehicle entries, sale and purchases of Vehicles at our public auctions (which include

our online auctions) are subject to these Terms.

1.10 All Buyers and Sellers acknowledge and agree that these Terms are binding upon them.

These Terms are deemed accepted and incorporated into all dealings and contracts as

between the relevant parties by:

1.10.1Buyers completing registration; and/or

1.10.2JOHN PYE & SONS accepting the Seller’s Vehicle(s) for auction.

2 E NTRY INTO A UCTION

2.1 JOHN PYE & SONS in all cases sells as agent for the Seller and as such is not responsible

for any default by the Seller.

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2.2 Unless otherwise agreed by JOHN PYE & SONS in writing, a Vehicle shall not be deemed

accepted into any auction unless and until the Seller has produced:

2.2.1 the Vehicle; and

2.2.2 Form V5 in respect of the Vehicle;

2.2.3 any required entry fee as specified by JOHN PYE & SONS in accordance with

these Terms;

2.2.4 the keys of the Vehicle;

2.2.5 all other certificates pertaining to the Vehicle which the Seller is reasonably

able to produce upon request; and

2.2.6 the service history if available.

2.3 For the avoidance of doubt, and notwithstanding the production of the items listed in

clause 2.2 above, JOHN PYE & SONS reserves the right to charge an entry fee:

2.3.1 when a Vehicle is entered for auction, such entry fee will be agreed between

the Seller and JOHN PYE & SONS at the relevant time; and

2.3.2 if for any reason the Vehicle is entered for re-sale subsequent to the initial

auction (otherwise than due to a fault of JOHN PYE & SONS), then JOHN PYE &

SONS will be entitled to charge the Defaulters Entry Fee each time the same

Vehicle is re-entered for auction);

such entry fee will be fixed at a reasonable amount deemed appropriate by JOHN PYE

& SONS.

2.4 The Seller warrants to JOHN PYE & SONS and to the Buyer that:

2.4.1 the Seller is the true owner of the Vehicle and/or is properly authorised to sell

the Vehicle by the true owner;

2.4.2 the Seller is able to transfer a good and marketable title to the Vehicle free from

any third-party claims;

2.4.3 the Vehicle bears the proper chassis number and registration marks; and

2.4.4 every representation made by the Seller (in any form) concerning the Vehicle is

wholly accurate and informed, and the Seller acknowledges that such

representations will be relied upon by JOHN PYE & SONS and the Buyer.

2.5 The Seller will indemnify JOHN PYE & SONS, its servants and agents and the Buyer

against any loss or damage suffered by them in consequence of any breach of the

warranties set out in clause 2.4 above on the part of the Seller.

2.6 Save where otherwise agreed and following the relevant deductions JOHN PYE & SONS

shall remit the proceeds of the sale to the Seller not later than one month after the

auction.

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2.7 Where a Seller cancels instructions for the sale of a Vehicle, JOHN PYE & SONS reserves

the right to charge the Defaulter’s Entry Fee plus 5% of JOHN PYE & SONS’ latest

estimate of the auction price of the Vehicle withdrawn (plus VAT where applicable).

2.8 Where any Vehicle fails to sell, JOHN PYE & SONS will notify the Seller accordingly.

The Seller will make arrangements either to re-offer the Vehicle for auction or to

collect the Vehicle, and if such arrangements are not made:

2.8.1 Within 2 Working Days of notification, the Seller will be responsible for any

removal, storage and insurance expenses of the Vehicle as notified by JOHN PYE

& SONS; and

2.8.2 Within 4 Working Days of notification, JOHN PYE & SONS will have the right to

sell the Vehicle at public auction without reserve and to deduct from the

Hammer Price any sum owing to JOHN PYE & SONS including removal, storage

and insurance expenses, the entry fee in respect of the first auction (together

with any VAT chargeable thereon), a Defaulter’s Entry Fee, commission on the

second auction and all other reasonable expenses before remitting the balance

to the Seller.

3 BASIS OF SALE

3.1 All vehicles are sold ‘as they lie’ with all faults and imperfections and errors of

description. The absence of any reference to the condition of a Vehicle does not imply

that the Vehicle is free from faults, imperfections and/or restoration. Illustrations in

catalogues or brochures are for identification purposes only. JOHN PYE & SONS will

not be held responsible for any damage or defect that has not been notified to the

Buyer.

3.2 Buyers must satisfy themselves prior to sale as to the condition of each Vehicle and

should exercise and rely on their own judgement as to whether the Vehicle accords

with its description. Prospective Buyers bid on the understanding that, inevitably,

representations or statements by JOHN PYE & SONS as to genuineness, origin, date,

age, Vehicle starting capability or condition involve matters of opinion. Neither JOHN

PYE & SONS nor its employees or agents nor the Seller accept liability for the

correctness of such opinions. Neither JOHN PYE & SONS, its servants or agents will be

responsible for errors of description or for the genuineness or authenticity of any

Vehicle.

3.3 No warranty (written or oral) or other term (whether express or implied and whether

implied by statute, common law, custom or otherwise) as to the age, description,

suitability, fitness for purpose, satisfactory quality or roadworthiness of the Vehicle is

given by JOHN PYE & SONS, its servants or agents or by any Seller to any Buyer in

respect of any lot, and any express or implied conditions or warranties are excluded

to the fullest extent permitted by law. For the avoidance of doubt, the Vehicles are

not sold by sample.

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3.4 Any reference to the age of a Vehicle in the lot description relating to it is intended

to be a reference to the year of first registration of the Vehicle in the United Kingdom.

3.5 Except in respect of the Important Notes:

3.5.1 no oral or written representation made prior to or at the time of sale of any

Vehicle shall be deemed to be a representation of fact.

3.5.2 No oral or written representations shall be deemed to be incorporated into the

contract for sale nor to have induced any potential buyer to bid.

3.5.3 JOHN PYE & SONS undertakes no obligation or duty (whether in contract or tort

or otherwise) in respect of the accuracy or completeness of any statement or

representation made by JOHN PYE & SONS or on JOHN PYE & SONS’ behalf which

is in any way descriptive of any Vehicle.

3.6 Buyers buy Vehicles where they lie and are wholly responsible to bring any

necessary labour and equipment in order to remove their Vehicle(s) and shall comply

with any directions which may be given by JOHN PYE & SONS as to the safe removal of

the Vehicle(s) and in giving due care to other lots on the Premises and the Premises

itself.

3.7 These Terms shall become binding on the Seller and Buyer respectively when:

3.7.1 The Seller’s Vehicle is accepted by JOHN PYE & SONS to be considered for

auction; and

3.7.2 The Buyer completes Registration.

3.8 JOHN PYE & SONS has the right to revise and amend these Terms from time to time to

reflect changes in market conditions affecting its business, changes in technology,

changes in payment methods, changes in relevant laws and regulatory requirements

and changes in various systems’ capabilities. Buyers and Sellers will be subject to the

policies and terms in force at the time these Terms become binding in accordance with

clause 3.7 above.

3.9 The Buyer acknowledges that a sale by auction Is Not a consumer sale for the purposes

of the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994

and as replaced by the Consumer Rights Act 2015) and the Unfair Contract Terms Act

1977 / 1999 Regulations and the Buyer shall not seek to rely upon any conditions or

warranties implied thereby or by any other legislation. All Vehicles are strictly Sold as

Seen with no grading or guarantees and can be second-hand, salvage, repossessed

and/or seized.

3.10 Any estimate of likely value provided in respect of a Vehicle is solely an expression of

JOHN PYE & SONS’ opinion (made on behalf of the Seller); such estimates are not an

estimate of the actual value of a Vehicle. Such estimates do not take into account any

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VAT or Buyer Premium payable. Estimates should not be relied on as an indication of

the likely selling price or actual value of a Vehicle.

3.11 Private treaty sales made under these Terms are deemed to be sales by auction for

purposes of consumer legislation.

4 R ISK AND T ITLE

4.1 Title to the Vehicle shall not pass to the Buyer until the Hammer Price, the Buyer’s

Premium and any applicable VAT have been received in full and in cleared funds by

JOHN PYE & SONS. Until title passes, and subject to clause 7.1 below, JOHN PYE &

SONS reserves the right to dispose of the Vehicle in accordance with clause 2.8 above.

4.2 From the delivery of a Vehicle to the Premises until the Hammer Price in respect of a

Vehicle is reached or the Vehicle is removed by the Seller (including any time during

which the Vehicle is being tested or demonstrated on the auction premises, or

elsewhere) the Vehicle is at the risk of the Seller, and neither JOHN PYE & SONS nor

its servants or agents will be responsible for any loss or damage whether caused by

negligence or otherwise.

4.3 Notwithstanding clause 4.1 above, a Vehicle is deemed sold from the time when the

Hammer Price is reached and the Vehicle is at the risk of the Buyer from that point

onwards.

5 C ONDUCT OF THE A UCTION

5.1 Without prejudice to any other rights set out in these Terms, JOHN PYE & SONS has

absolute discretion without giving any reason to refuse any bid, to withdraw any

Vehicle before the hammer falls, to divide any lot, to combine any two or more lots,

or to withdraw any lot and/or Vehicle from the auction. JOHN PYE & SONS is not bound

to accept any offer.

5.2 Potential buyers wishing to participate in an auction must first:

5.2.1 view all lots; and

5.2.2 Complete Registration (including the payment of the Deposit),

before they will be permitted to participate in any auction.

Potential buyers further acknowledge and agree that they have the right to attend the

sale of the lots in person.

5.3 The contract of sale between the Seller and a Buyer is formed once the Hammer Price

has been achieved, at which point the Vehicle shall be deemed sold subject to the

provisions of clause 4.1 above.

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5.4 For the avoidance of doubt, the parties to the contract of sale of the Vehicle are the

Buyer and the Seller. JOHN PYE & SONS is not a party to the contract of sale but acts

as the Seller’s agent only and is not liable for any breach thereof by either the Buyer

or the Seller.

5.5 It shall be a term of the contract of sale that the Buyer accepts the bodywork, the

tyres, the exhaust, the battery and the upholstery of the Vehicle with all damage and

defects (if any) which an inspection of the interior and the exterior ought reasonably

to reveal.

5.6 Immediately after the achievement of the Hammer Price the terms of clause 6 below

shall apply.

5.7 If a potential buyer is unsuccessful in achieving the Hammer Price, they may recover

their Deposit from JOHN PYE & SONS or, they may request in writing that JOHN PYE &

SONS keep the Deposit against future auctions in which the potential buyer may

participate and make them a registered ‘regular customer’ of JOHN PYE & SONS

provided they produce valid identification when requested.

5.8 Any disputes in relation to the bidding or following the attainment of the Hammer

Price shall be referred to JOHN PYE & SONS for decision. In resolving disputes JOHN

PYE & SONS shall have absolute discretion to cancel the contract of sale and/or to re-

auction the Vehicle (which is the subject of any dispute) either during the same or a

subsequent auction or to offer the Vehicle for sale by private treaty. In all cases, JOHN

PYE & SONS’ is under no obligation to justify or explain its decision in respect of any

such dispute and such decision will be final.

5.9 In the event that JOHN PYE & SONS exercises its discretion to cancel the contract

referred to at clause 5.3 above, neither the original Buyer nor the Seller shall be

entitled to rely on the original contract of sale for any purpose whatsoever save that

the Buyer shall be entitled to the return of any deposit or other money which he may

have paid under the original contract.

5.10 Every bidder shall be deemed to act as principal unless there is in force in respect of

each and every applicable auction or sale a written acknowledgment by JOHN PYE &

SONS that he acts as agent on behalf of a named principal.

5.11 JOHN PYE & SONS shall not in any circumstances be obliged to announce any reserve

price.

5.12 All potential Buyers and Sellers must produce valid photo identification upon request.

JOHN PYE & SONS reserves the right to refuse any potential sellers and/or buyers that

fail to produce such identification the opportunity to participate in any auction or sale.

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5.13 Persons attend and participate in auctions at their own risk and neither the Seller nor

JOHN PYE & SONS will be individually or collectively responsible for any loss or damage

whatsoever occasioned to any person or property who or which may be present on the

auction site or Premises for any purpose whatsoever.

5.14 Where JOHN PYE & SONS conducts a sale on behalf of a Seller who is either a receiver,

administrator or liquidator of a limited company or a trustee in bankruptcy:

5.14.1The Seller and JOHN PYE & SONS on their behalf only sell whatsoever right, title

or interest the company or bankrupt may have in any lot;

5.14.2In the event of a third party proving to have a superior title or right to custody

or possession of any Vehicle JOHN PYE & SONS may rescind the contract of sale

and upon return of any Deposit and/or Hammer Price to the Buyer, neither the

Seller nor JOHN PYE & SONS shall be under any further liability to the Buyer.

5.15 JOHN PYE & SONS shall have the right, at its discretion, to refuse admission to the

Premises and/or attendance at and/or participation in (whether on a temporary or

permanent basis) the auctions by any person at any time.

5.16 The Important Notes will be made available to potential buyers on the Website, in the

relevant catalogue, on request, and will be on display at the Premises.

6 PRICE AND PAYMENT

6.1 Immediately following the achievement of the Hammer Price, the Buyer shall follow

the appropriate process as notified to the Buyer by JOHN PYE & SONS and pay the

Hammer Price (plus VAT where relevant), and the Buyer Premium (plus VAT where

applicable). If the Buyer fails to make payment pursuant to this clause by 5 pm on the

next Working Day after the Hammer Price has been achieved, or such other time as is

specified in the Important Notes, JOHN PYE & SONS shall have absolute discretion to

cancel the contract of sale, to retain the Deposit, and the terms of clause 8.1 below

will apply.

6.2 All required payments must be settled in full before removal of the Vehicle is

permitted. Payments must be made in sterling (GBP) by BACS, CHAPS, Bankers Draft

Debit Cards, Credit Cards or as otherwise specified in the Important Notes or directly

by JOHN PYE & SONS. All queries in relation to methods of payment must be made to

JOHN PYE & SONS’ accounts department. Unless otherwise expressly agreed in writing

by JOHN PYE & SONS, the time for payment pursuant to these Terms is of the essence

and will under no circumstances be adjusted further due to a failure on the part of the

Buyer to make the necessary enquiries and preparations in order to pay the Hammer

Price.

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6.3 In respect of telegraphic transfers, the remitting bank must include the bidding

number, invoice number, and any other reference as shown in the Important Notes, or

as otherwise directed by JOHN PYE & SONS.

6.4 All lots are sold exclusive of VAT which will be added to the Hammer Price at the

prevailing rate (if applicable).

6.5 All lots must be paid for in accordance with clause 6.1 above and must be removed no

later than the time specified in the Important Notes.

6.6 The Important Notes set out:

6.6.1 viewing times;

6.6.2 payment details;

6.6.3 collection times;

6.6.4 the amount of commission (if any) which will be payable by the Seller as a

percentage of the Hammer Price;

6.6.5 the amount of the Buyer Premium;

6.6.6 any service charges (including storage charges);

6.6.7 VAT payable (if any);

6.6.8 Registration details;

6.6.9 location details; and

6.6.10 specific detail relating to the particular auction.

6.7 JOHN PYE & SONS charges a “Buyer Premium” on the Hammer Price of all

Vehicles. The Buyer Premium is set out in the Important Notes and is a percentage of

the Hammer Price which is charged to the Buyer. VAT is payable on the Buyer

Premium.

6.8 Before remitting the proceeds of any sale to the Seller JOHN PYE & SONS is entitled to

deduct from the Hammer Price the relevant fees (plus any VAT chargeable thereon) in

respect of each Vehicle (which may, for the avoidance of doubt, include any

commission due, the entry fee due (if not already paid) and any other previously

notified fees chargeable).

6.9 Without prejudice to any other rights of JOHN PYE & SONS under these Terms in respect

of the charging of commission, entry fees, Buyer Premium, and any other relevant

fees, JOHN PYE & SONS is entitled to charge commission and Buyer Premium in all

cases including but not limited to:

6.9.1 when the Vehicle is sold in an auction irrespective of whether the contract of

sale is later rescinded (save further to an act or omission of JOHN PYE & SONS);

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6.9.2 if the Vehicle is sold (or re-sold) by JOHN PYE & SONS by way of private treaty

sale;

6.9.3 if the Vehicle is re-sold further to the default of the Buyer, or the Seller;

6.9.4 if the Seller becomes the Buyer.

6.10 Without prejudice to any of JOHN PYE & SONS’ rights under these Terms, for the

avoidance of doubt:

6.10.1JOHN PYE & SONS is not under any obligation to pay any monies to the Seller

following the auction until such time as the Buyer remits all monies due in

accordance with this clause 6; and

6.10.2JOHN PYE & SONS is entitled to deduct from any payment due to the Seller, any

and all amounts howsoever owed by the Seller to JOHN PYE & SONS which JOHN

PYE & SONS has obtained prior consent from the Seller to so deduct.

7 BUYER ’ S DUTIES

7.1 Unless otherwise stated in the Important Notes (but in any event not before payment

to JOHN PYE & SONS has been made in accordance with clause 6 above), the Buyer

shall at his own expense and risk take away the Vehicle(s) purchased. Collection of

Vehicle(s) must take place not later than 5pm the following Working Day after the

conclusion of the auction in which the Vehicle was purchased. If the Buyer fails to

collect the Vehicle(s) in accordance with this clause, the provisions of clause 8.2 below

will apply.

7.2 The Buyer shall fully indemnify and keep indemnified JOHN PYE & SONS in the event

of any damage or loss caused and/or occasioned to any adjoining or other lots or to

the Premises by their removal of the Vehicle(s).

7.3 The Buyer shall be responsible for any injury to and/or death of any person resulting

from the removal of their Vehicle(s) and shall fully indemnify and keep indemnified,

JOHN PYE & SONS against any such liability whether or not such injury and/or death

was caused by the negligence of the Buyer, his employees or agents.

7.4 In accordance with clause 4.3 above, from notification of successful bid the Buyer will

be responsible for loss or damage to the Vehicle(s) and neither JOHN PYE & SONS nor

its servants or agents shall be responsible for any loss or damage of any kind, whether

caused by negligence or otherwise, while any Vehicle remains in its custody or under

its control.

7.5 The Buyer of any Vehicle is responsible for complying with all legal requirements as to

the construction and use of that Vehicle and for obtaining all insurances, certificates,

permits or other authorisations necessary before that Vehicle can be used on any road,