These standard terms and conditions set out the contract terms between a Vendor and Purchaser of any Lot or Vehicle. They explain each party’s rights and obligations. The document also sets out Enniskillen Auctions Limited’s rights and its duties to Vendors and Purchasers as well as the duties of Vendors, Purchasers and Bidders to Enniskillen Auctions Limited. This is an important document which should be read carefully. All Lots and Vehicles sold and purchased will be governed by these terms and conditions.
“Agreement” means this agreement.
“Auction” means an auction undertaken by Enniskillen Auctions Limited.
“Auction Site” means any Enniskillen Auctions Limited premises from where the Auction is conducted.
“Auctioneer” means Enniskillen Auctions Limited, its staff, representatives, and persons for the time being authorised by the Auctioneer to have the conduct of an Auction.
“Purchaser” means the highest Bidder for any Lot or Vehicle.
“Vendor” means the seller of any Lot or Vehicle.
“Bidder” means any person who has bid on any Lot or Vehicle offered for sale by Enniskillen Auctions Limited.
“Visitor” means any person present on any Auction site.
“Entry Fee” means the fee charged to the Vendor for entry of any Lot or Vehicle.
“Seller’s fee” means the percentage payment of the hammer price due by the Vendors to the Enniskillen Auctions Limited upon the sale of any Lots or Vehicles.
“Buyer’s Fee” means the fee due by the Purchaser to the Enniskillen Auctions Limited upon the purchase of any Lots or Vehicles as detailed in Enniskillen Auctions Limited literature.
“Indemnity Fee” means the fee due by the Purchaser to Enniskillen Auctions Limited upon the purchase of any Vehicles as detailed in these terms and conditions.
“Deposit” means the amount stated by the Auctioneer to be placed by the Purchaser upon the fall of the hammer of any Lot or Vehicle for which they are the highest Bidder.
“Hammer Price” means the highest bid for any Lot or Vehicle accepted by the Auctioneer at an Auction.
“Lot” means any individual single part of a consignment put up for Auction by the Auctioneer.
“Vehicle” means any car, light commercial van, motorcycle, heavy goods vehicle.
“Item” refers to any lot offered for sale by Enniskillen Auctions Limited on behalf of the vendor.
“Purchase Price” means the sum total of the Hammer Price plus VAT and the Commission plus VAT.
“VAT” means the applicable tax payable to HMRC .
“Sold as Seen” All Lots and Vehicles offered at Enniskillen Auctions Limited are sold under the description as Sold as Seen.
“Provisional Sale” Bidding on a Lot or Vehicle may stop slightly short of the reserve price. In this case, Lots or Vehicles can be sold provisionally, provisional sales will be subject to the terms of a Private Treaty Sale.
“Reserve” means the minimum price that will be accepted for a Lot or Vehicle set by the Vendor.
“Entry form” means the form provided by Enniskillen Auctions Limited to prospective Vendor for entering Lots or Vehicles.
“Accept or Acceptance” means when the Vendor accepts an offer put to the Auctioneer.
“Contract of Sale” means the contract between Vendor and Purchaser for the purchase of any Lot or Vehicle and which comprises the relevant terms and conditions set out herein and formed upon the Vendor’s Acceptance of the Purchaser’s Offer.
1.1. The contractual relationship between Enniskillen Auctions Limited and the Purchaser is governed by:
1.1.1. these terms and conditions;
1.1.2. the information as detailed in the sale catalogue for each Auction;
1.1.3. any additional notices and terms printed in the sale catalogue, auction literature or on the website in each case as amended by any saleroom notice or Auctioneer’s announcement.
2.1. The Auctioneer reserves the right to refuse to accept any Lot or Vehicle in its auction or sale.
2.2. The Auctioneer reserves the right to revoke any Bidder at any time.
2.3. The Auctioneer sells as agent for the Vendor and as such is not responsible for any default by Vendor or Purchaser.
2.4. The highest Bidder shall be the Purchaser. Any dispute as to any bid shall be settled at the Auctioneer’s absolute discretion.
2.5. On the fall of the hammer the highest Bidder for that Lot or Vehicle has entered into a legally binding contract of sale with the Vendor. All sales are final.
2.6. No Bidder may advance less at a bid than a sum to be named from time to time by the Auctioneer.
2.7. The Auctioneer has absolute discretion without giving any reason to refuse any bid, to withdraw any Lot or Vehicle from the Auction and in case of dispute put any Lot or Vehicle up for Auction again.
2.8. The Auctioneer shall have absolute discretion to withdraw any Lot or Vehicle if in his opinion the bidding does not reach a reasonable level or if in his opinion there are other reasonable grounds for withdrawing the Lot or Vehicle.
2.9. Each and every Lot or Vehicle shall be ‘Sold as Seen’. Specifically, but without limitation, Enniskillen Auctions Limited makes no representation or warranty that any of the Lots or Vehicles:
2.9.1. Conform to any standard in respect of safety, pollution or hazardous material or to any standard of requirement of any applicable authority, law or regulation;
2.9.2. Are fit for any particular purpose;
2.9.3. Are merchantable or financeable;
2.9.4. Are of any particular age, year of manufacture, model, make or condition;
2.9.5. The miles recorded on the speedometer of any Vehicle is only warranted if specially stated by the Auctioneer at the time of sale. Any such warranty given by the Auctioneer is given on behalf of the Vendor;
2.9.6. Enniskillen Auctions Limited are under no obligation to supply Registration Documents or MoT Certificates as applicable or Plating Certificates on the day of the sale.
2.10. All Lots or Vehicles are available for visual inspection within the permitted viewing times and Purchasers should satisfy themselves prior to the Auction as to the condition of each Lot or Vehicle and should exercise and rely on their own judgment as to whether the Lot or Vehicle accords with its description. The Purchaser of any Lot or Vehicle is deemed to have inspected the Lot or Vehicle prior to purchase.
2.11. Vendors may not bid on for any Lots or Vehicles they have entered for Auction. If so this will result in the Vendors being charged all Commission lost on the sale/invoice amount.
2.12. Enniskillen Auctions Limited undertakes and represents that each Lot or Vehicle offered at the auction has been accepted into the Auction in good faith and the Vendor has the absolute right to sell the unencumbered legal and beneficial interest in the Lot or Vehicle.
2.13. Enniskillen Auctions Limited is prepared to accept Commission bids on behalf of any intending Purchasers who are unable to attend a sale provided such Commissions are given in writing, in which event they will be carried out free of charge to the intending Purchaser. Enniskillen Auctions Limited is not responsible for, nor in any way connected with, Commission to purchase Lots or Vehicles given to any member of staff other than by the Auctioneer. Enniskillen Auctions Limited may accept written (but not oral) instructions to bid on behalf of the prospective Purchaser but are not obliged to accept such instructions. Instructions which are accepted are accepted at the prospective Purchaser’s risk.
3.1. Buyer’s fee
3.1.1. All Purchasers will be charged a buyer’s fee on the hammer price of any Lot purchased plus VAT, which shall be payable to Enniskillen Auctions Limited and which will be charged on the hammer price, in respect of services provided by Enniskillen Auctions Limited to the Purchaser.
3.1.2. The buyer’s fee will be specified in Enniskillen Auctions Limited literature as published in the sales catalogue, website or press
3.1.3. Enniskillen Auctions Limited reserves the right to change without notice the amount of the buyer’s fee.
3.2. All sums owed under this Agreement shall be paid in full within 2 days of the Auction, failing which Enniskillen Auctions Limited may charge interest on late payments on a daily basis at a rate equivalent to 4% above the base lending rate of the Bank of England then in force.
3.3. No payment shall be deemed to have been received by Enniskillen Auctions Limited until Enniskillen Auctions Limited has received cleared funds.
3.4. Where the Purchaser has purchased more than one Lot or Vehicle, Enniskillen Auctions Limited reserves the right not to allow any Lot or Vehicle to be removed from its premises until payment in full has been made in cleared funds in respect of all the Lots or Vehicles so purchased.
3.5. If the buyer’s fee or buyer’s indemnity fee is not paid as aforesaid the Purchaser shall not be entitled to remove the Lot or Vehicle from the Auction premises, shall be deemed for all purposes to have failed to pay the price in full and shall be liable to Enniskillen Auctions Limited and the Vendor accordingly.
3.6. The property in the Lot or Vehicle shall not pass to the Purchaser until the price and the buyer’s fee has been paid to Enniskillen Auctions Limited and payment has been cleared. Until property passes the Vendor reserves the right to dispose of the Lot or Vehicle.
3.7. If any Lot or Vehicle is not paid for in full and taken away in accordance with the above conditions, Enniskillen Auctions Limited may, at its absolute discretion and without prejudice to any other rights it may have, resell the Lot or Vehicle or cause for it to be resold by public Auction or private sale. The defaulting Purchaser shall then pay to Enniskillen Auctions Limited any resulting deficiency in the Purchase Price from the first sale after deduction of any part payment and addition of sale costs. Any surplus shall belong to the defaulting Purchaser.
3.8. The Purchaser shall at his own expense take away the Lot or Vehicle purchased within 3 working days after the day of the Auction but not later than 5 working days after the day of the auction but not before payment to Enniskillen Auctions Limited of the total invoice price. The Purchaser will be responsible for any removal, storage and insurance charges on any Lot or Vehicle not taken away within 5 working days after the day of the Auction. Furthermore, where goods by agreement are stored after an Auction at the Purchasers request on either the Vendors or Auctioneers premises, the item so stored will be entirely at the risk of the Purchaser and no responsibility can be accepted by either the Vendor or the Auctioneer for loss, damage or destruction there by arising. The Purchaser will be responsible for any removal storage and insurance charges on any lot not taken away within 5 days after the auction.
3.9. There is no obligation on Enniskillen Auctions Limited to recognise any transfer of a purchase.
3.10.1. VAT on Hammer Price.
188.8.131.52. VAT in most cases will not be paid on cars and motorcycles unless specified by the Auctioneer.
184.108.40.206. Enniskillen Auctions Limited accepts no responsibility for misdescription of the VAT status on any Lot or Vehicle offered for sale. It is up to the Bidder to make their own enquires regarding a Lot or Vehicles VAT status.
220.127.116.11. VAT is payable by the Purchaser on the Hammer Price of all Lots or Vehicles not specified above at the standard VAT rate. This VAT amount can be reclaimed by the Purchaser from HM Revenue & Customs by Purchasers who are VAT registered.
18.104.22.168. The Purchaser will not have to pay VAT on the Hammer Price of purchased Lots or Vehicles provided the Purchaser is validly registered for VAT in a European Union state outside the United Kingdom and provides to Enniskillen Auctions Limited satisfactory third party proof that the Lot or Vehicle has been exported from the UK within 30 days from the date of the Auction. Where third party proof of export is not received within 30 days from the end of the Auction, the total amount of VAT will become payable by the Purchaser to Enniskillen Auctions Limited and Enniskillen Auctions Limited will raise an invoice to the Purchaser for any outstanding amount of VAT.
3.10.2. VAT on Commission.
22.214.171.124. All Purchasers will be charged VAT on Commission at the rate of the standard VAT rate.
126.96.36.199. The Purchaser will not have to pay VAT on the commission of purchased Lots or Vehicles provided the Purchaser is validly registered for VAT in a European Union state outside the United Kingdom and provides to Enniskillen Auctions Limited satisfaction third party proof that the Lot or Vehicle has been exported from the UK.
3.10.3. In all cases Enniskillen Auctions Limited reserves the right to make its own enquiries with any third parties necessary to ascertain if any evidence of VAT registration produced to Enniskillen Auctions Limited by the Purchaser for the purposes of reclaiming VAT is valid.
3.10.4. A Vendor must inform Enniskillen Auctions Limited of the VAT status of a Vehicle prior to that Vehicle being entered for sale. The VAT status of a Vehicle as notified to Enniskillen Auctions Limited prior to the sale of a Vehicle shall be binding and may not be changed following a Contract of Sale arising in respect of that Vehicle.
3.10.5. A Vendor must supply Enniskillen Auctions Limited with accurate information regarding its VAT status and registration and of any amendments to the same. A Vendor shall be responsible and shall hold Enniskillen Auctions Limited harmless on demand against any loss suffered by Enniskillen Auctions Limited as a consequence of Enniskillen Auctions Limited acting on inaccurate information.
4.1. Enniskillen Auctions Limited will accept the following as means of payment subject to the conditions below:
4.1.1. Bank Transfer.
4.1.2. Cash – Cash will not be accepted as a means of payment unless Enniskillen Auctions Limited is in receipt of valid identification documents as required under money laundering regulations.
4.1.3. Debit Card – Chip and Pin only .
4.2.Full payment for any vehicle or lot must be made within the time specified by Enniskillen Auctions Limited. Payment times will be advertised for each auction.
5.1. Enniskillen Auctions Limited shall charge an entry fee for each Lot or Vehicle which is entered for Auction.
5.2. Entry forms are required to be clearly completed in full as these forms are used by Enniskillen Auctions Limited to describe the Lot or Vehicle to the Bidders, for the publishing of a sales catalogue and for publication on the Enniskillen Auctions Limited Website.
5.3. Accuracy in Lot or Vehicle description is essential. It must be noted a misleading description may make the owner liable to prosecution under the various Trading Standards laws and you will be charged commission in the event of a cancelled sale.
5.4. It is up to the prospective Vendor to determine the condition and value of their Lot or Vehicle. The description on the entry form enables the Vendor to describe the condition of the major mechanical components and thus draws the Bidders’ attention to such features.
5.5. Enniskillen Auctions Limited is entitled to publish before the Auction (by fixing the entry form or any part thereof or any other document to the Vehicle or otherwise) and to announce at the Auction any information contained in the entry form or supplied by the Vendor, any fair summary of any such information and any fair description of the appearance of the Vehicle but save as appears elsewhere herein Enniskillen Auctions Limited shall not be obliged to make any such publication or announcement.
5.6. Each Purchaser warrants and represents to Enniskillen Auctions Limited that all information provided by it shall in all respects be true, accurate and complete.
5.7. No Lot or Vehicle shall be deemed to have been accepted for sale in the Auction by Enniskillen Auctions Limited unless and until the party selling the Vehicle shall have first completed signed and delivered to Enniskillen Auctions Limited an official Lot or Vehicle entry form.
5.8. If selling your Vehicle at Enniskillen Auctions Limited, it is the responsibility of the Vendor to supply the Vehicle with its registration document (V5). Any other related documentation (MOT certificate, tax disk, service history) are also required upon entry.
5.9. Enniskillen Auctions Limited must be notified by the Vendor of any Lot or Vehicle at the time of entry if such Lot or Vehicle is subject to an outstanding Hire Purchase agreement.
5.10. Where a Vendor books a Lot or Vehicle into Auction for sale and then withdraws the Lot or Vehicle within 12 hours prior to the Auction taking place, the Vendor will be charged an additional withdrawal fee equal to that of the entry fee.
5.11. Enniskillen Auctions Limited shall not be obliged to release any funds to the Vendor for any Lot or Vehicle sold until such time as the Enniskillen Auctions Limited has received cleared funds from the Purchaser.
5.12. All items not sold during the Auction must be collected within 7 days of that Auction or the period specified. If items are not collected within the specified period Enniskillen Auctions Limited reserves the right to re-enter the unsold lot into the next Auction without notice and forward all monies to you less Vendor Commission. Lots not collected within 28 days will be entered into the next available auction and sold without reserve with any outstanding fees and storage charges being deducted from the sale price.
5.13. It is the responsibility of those Vendors leaving in items to be sold to ensure if such items have been sold at the Auction and if not to make arrangements for their collection.
5.14. The Vendor authorises Enniskillen Auctions Limited to deduct from the purchase price, any and all Fees which are payable by the Vendor to Enniskillen Auctions Limited (whether in respect of the Lots or Vehicles to which the Purchase Price relates or in respect of any other services or products provided).
5.15. Enniskillen Auctions Limited shall be entitled to charge a Seller’s fee when:
5.15.1. The Lot or Vehicle is sold under the hammer whether or not the contract is later rescinded by the Purchaser;
5.15.2. The Lot or Vehicle is not sold under the hammer but by way of private treaty sale;
5.15.3. The lot or Vehicle is re-sold .
5.16. Enniskillen Auctions Limited shall be entitled to charge a parking fee subject to any Lot or Vehicle not being collected. Lots or Vehicles left on premises longer than 2 working days after the Auction end from date of purchase will be charged at £5 per day.
6.1. If the entry form does not contain a reserve price Enniskillen Auctions Limited is authorised to auction the Lot or Vehicle without reserve.
6.2. When a Lot or Vehicle is auctioned with a reserve price the Lot or Vehicle will not be sold unless the highest bid is no less than the reserve (save if the Vendor authorises a sale during the bidding).
6.3. When a Lot or Vehicle is auctioned with a reserve price the Auctioneer shall not be obliged to announce that fact save if he withdraws the vehicle because it has not reached its reserve. The Auctioneer shall not in any circumstances be obliged to announce the reserve price.
6.4. If a Lot or Vehicle fails to reach its reserve price Enniskillen Auctions Limited shall be entitled but not obliged to inform the Vendor of the highest bid.
7.1. Enniskillen Auctions Limited reserves to itself the following rights which it may exercise without any reason being given, namely the rights:
7.1.1. to refuse to allow any person to enter the Auction premises;
7.1.2. to refuse to allow any Lot or Vehicle to be brought on to the Auction premises;
7.1.3. to require a Vendor forthwith to remove a Lot or Vehicle from the Auction premises and if the Vendor fails to do so to effect such removal and to recover the cost thereof as a debt due from the Vendor;
7.1.4. to provide either party to the contract of sale with the name and address of the other party in the case of any dispute;
7.1.5. to allocate such Lot numbers to Lots or Vehicles as Enniskillen Auctions Limited sees fit and notwithstanding the Lot numbers which are allocated to Auction Lots or Vehicles in such order and at such times as Enniskillen Auctions Limited sees fit;
7.1.6. To withdraw or suspend at any time any facilities made available by it to any person or company including any credit facilities or any account holder rights;
7.1.7. To refuse any particular Offer and Enniskillen Auctions Limited’s decision regarding the submission of Offers shall be final.
7.2. If before Enniskillen Auctions Limited has parted with possession of a Lot or Vehicle a claim is made against Enniskillen Auctions Limited arising out of or connected in any way with the title of the Vendor or his authority to sell or authorise sale, Enniskillen Auctions Limited shall be entitled absolutely but not obliged to retain the Lot or Vehicle pending the resolution of such claim and/or to refund any money paid to Enniskillen Auctions Limited by the Purchaser.
7.3. Enniskillen Auctions Limited will use reasonable endeavors to ensure that all Lots or Vehicles appearing in the catalogue for sale are presented for sale at the Auction but Enniskillen Auctions Limited accepts no liability for loss or damage howsoever arising (included but not limited to costs of attendance of Bidders at the Auction) in the event that any Lot or Vehicle is withdrawn or otherwise is not presented for sale at any Auction.
8.1. If a Lot or Vehicle fails to reach its reserve price Enniskillen Auctions Limited shall be entitled to sell the Lot or Vehicle provisionally using the terms of a private treaty sale.
8.2. If a provisional sale is made Enniskillen Auctions Limited may provide facilities and services which the Vendor may utilise to make a contract for the sale of the vehicle to the highest Bidder or to any other person interested in the Lot or Vehicle.
8.3. A private treaty sale shall mean:
8.3.1. any sale resulting from the provision of the aforesaid information, facilities or services;
8.3.2. any other sale of the Lot or Vehicle which is agreed at the Auction premises but is not a sale effected by the fall of the hammer in the Auction hall.
8.4. When a private treaty sale occurs Enniskillen Auctions Limited shall be entitled to charge a seller’s fees.
8.5. Enniskillen Auctions Limited is not and shall not be deemed to be a party to or liable upon a private treaty sale and shall not incur any liability to any party thereto by reason only of the fact that Enniskillen Auctions Limited has done one or more of the following, namely:
8.5.1. transmitted information or said anything which the Auctioneer could properly have said;
8.5.2. communicated any offer or acceptance;
8.5.3. negotiated a contract without disclosing the name or address of either or both parties to the other party;
8.5.4. agreed to reduce its charges;
8.5.5. issued an invoice;
8.5.6. supervised the payment of or received the purchase price;
8.5.7. supervised the release of a Lot or Vehicle.
8.6. In the event of a dispute between the parties to a private treaty sale Enniskillen Auctions Limited shall be obliged to do no more than provide each party with the name and address of the other.
9.1. A contract of sale shall be made and a Lot or Vehicle shall be sold when but only when the hammer falls. The Purchaser shall be the maker of the highest bid accepted by the Auctioneer. The price shall be the amount of the highest bid accepted by the Auctioneer.
9.2. Immediately after the fall of the hammer the Purchaser shall give his name and address at the Auction reception and pay the deposit. If he fails to do so the Auctioneer shall have an absolute discretion to cancel the contract of sale.
9.3. The parties to the contract of sale are the Purchaser and the Vendor. Enniskillen Auctions Limited is not a party to the contract of sale and is not liable for any breach thereof by either the purchase or the Vendor.
9.4. The Auctioneer’s decision (for which no reason need be given) shall be final in the event of:
9.4.1. any dispute arising during the bidding;
9.4.2. a dispute arising after the fall of the hammer as to what bids were made or by whom;
9.4.3. Any such dispute shall be referred to the Auctioneer for his decision. The Auctioneer shall have an absolute discretion to cancel the contract of sale and to re-auction the Lot or Vehicle either during the same or a subsequent Auction.
9.5. Whilst risk in the lot or Vehicle passes to the Purchaser at the time of Acceptance, all ownership and title in the Lot or Vehicle remains with the Vendor until he has received the Purchase Price less any Fees.
9.6. The Vendor shall not be liable for any loss of profit, loss of contract, loss of revenue, loss of opportunity or loss of chance (whether such losses are direct or indirect or reasonably foreseeable at the time of the Contract of Sale) suffered by the Purchaser.
9.7. At all times the Vendor’s liability to a Purchaser shall not exceed the Purchase Price.
9.8. It shall be a term of the contract of sale that the Lot or Vehicle has not been treated by an insurance company as a total loss save when the Auctioneer makes an announcement to the effect that it was or was treated as a total loss.
10.1. All Lots or Vehicles entered for Auction are at the Vendor’s own risk.
10.2. Enniskillen Auctions Limited accepts no liability whatsoever in relation to the Lots or Vehicles whilst left on its premises.
10.3. All Lots or Vehicles are handled and driven (including during collection and delivery of the Lots or Vehicles and left on Enniskillen Auctions Limited premises) at the risk of:
10.3.1. the Vendor until Acceptance;
10.3.2. the Purchaser immediately upon Acceptance.
10.4. It is the duty of the Vendor to ensure the Lots or Vehicles are insured against third party damage and/or theft whilst on the Auction premises and shall remain insured until risk passes to a Purchaser upon Acceptance. Risk in the Lots or Vehicles remains with the Vendor at all times until a Contract of Sale has been entered into.
10.5. Risk in the Lot or Vehicle passes to the Purchaser upon the fall of the hammer. It is therefore the Purchaser’s duty to insure the Lots or Vehicles from that time.
10.6. The Purchaser, will be responsible for any loss or damage to the Lot or Vehicle purchased from the time of the Auction and neither the Auctioneer or Enniskillen Auctions Limited its employees shall afterwards be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any Lot or Vehicle is in their custody or under their control.
10.7. Bidders and Visitors acknowledge that an Auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurised substances are present, heavy equipment is being operated and the electric circuits may be live. Every person at the Auction site at any time shall be there at their own risk with notice of the condition of the premises and the activities thereon and Bidder shall so advise his Agents and Employees. No person shall have any claim against Enniskillen Auctions Limited, their Employees, or Principals for any injuries sustained, nor for damages to or loss of property which may occur from any cause whatsoever.
10.8. All damage done to the Premises at which the Auction takes place or to Lots or Vehicles, any part or parts thereof occasioned by such removal by the Auctioneer and all damage occasioned by a removal by the Purchaser, shall be made good by the Purchaser (and principals shall be responsible for the acts of their servants and agents).
10.9. Any undertaking by Enniskillen Auctions Limited or their employees to take charge of any Lot or Vehicle after the sale or to dispatch them to their destination on the instruction of the Vendor or purchase shall be solely at the risk and cost of such a Vendor or Purchaser and shall impose no legal obligation on Enniskillen Auctions Limited.
Care has been taken to ensure the accuracy of any catalogue but no sale shall be invalidated by reason of any defect or faults in any of the Lot or Vehicle by reason of any of the Lot or Vehicle being incorrectly described in the catalogue and no compensation shall be paid in respect of any such faults or errors in description.
Enniskillen Auctions Ltd. T: 028 66 346995 E: firstname.lastname@example.org