TERMS CONDITIONS
GENERAL.
F.A Classics is part of Frederick Andrews Ltd (the firm) offers for sale the property described upon the terms and conditions herein. The firm reserves the right to vary the terms at its discretion. Such terms shall form part of the terms and conditions of the sale. The terms are to be considered as complete and exclusive.
ENTRIES CLOSE
Entries close 1 Week before the start of the sale unless otherwise stated.
ENTRY FEE
Te entry fee for vehicles and entry fees will be applicable to memorabilia and registration plates as follows:
Vehicles, including cars – £45 including VAT
Vehicles, including motorbikes and trailers – £25 including VAT
Memorabilia, including bicycles – £0 Entry Fee
Vehicle Registration Numbers – £0 Entry Fee
COMMISSION
In addition to the entry fee, commission will be charged to the buyer on each vehicle as follows –
VEHICLES, MOTORBIKES & TRAILERS
Up to £500 – 25% inc VAT
£501 to £4,000 – 15% inc VAT
£4,001 and above –10% inc VAT
Commission e.g. Sale Price £10,000. First £500 @ 25%. , £501 – £4000 @ 15% Remaining £4,999 @ 10%. So Total commission on £10,000 = £1149.9
VEHICLE REGISTRATION NUMBERS
25% inc VAT
AUTOMOBILIA & BICYCLES
25% inc VAT
PRIVATE SALES
1. No lot entered or advertised for sale by the Firm should be sold by the owner privately within 21 days prior to the commencement of the sale for which the lot has been entered or advertised. The Firm will not to be under any liability for any breach of this condition whatsoever.
2. If any lot is sold privately whilst in processions of F.A Classics Fees and charges for both buyer and vender will be incurred before the vehicle is released.
3. The Firm reserve the right to sell privately at the reserved price any lot remaining on site after the auction without further consultation with the vendor.
4. Where a Lot is sold, the Firm shall initiate payment, by bank transfer, of the Sale Proceeds to the Seller 14 days after the Firm has received in cleared funds the Total Amount Due from the Buyer.
RESERVES
Reserves shall be given in writing to the Firm at the point of entry. the Auctioneers will bid up to the reserve price with a 10% discretion on any lot on behalf of the vendor. If vendors or 3rd parties instructed by vendors bid on any lots owned by the vendor, both buyers and sellers fees will be paid to the Firm.
VENDORS/PURCHASERS RISKS
1. All lots are accepted and remain on the sale ground at the vendors risk. The Firm will not accept any liability for damage sustained to a Lot that is attributable to members of the public or non-Auctioneer operatives during the Sale or any removable items left within lots during the same period.
2. Vendors will be notified by post sale email if lots are not sold. Collection, delivery if applicable and entry fees will still be incurred if the vehicle remains unsold.
3. In order to bid via any means (online, commission or telephone) you will be required to register with either F.A.Classics or Easyliveauction.com. Anyone not registered will be required to leave a deposit prior to bidding.
4. In cases where a cherished registration is included in the photographs but not the lot, the registration number in the description will be the one sold with the vehicle.
5. The Firm shall keep and use any data relating to the Buyer and the Seller in accordance with the provisions of all relevant data protection legislation. The Buyer and the Seller consent to such data being kept and used for appropriate purposes, including informing the Buyer and the Seller of any offers or other matters of interest from time to time.
6. Each lot shall be sold at the sole risk of the purchaser on the fall of the hammer.
7. Any motor vehicle is sold as a collector’s item and not as a means of transport. Buyers are specifically warned that any vehicle sold as such may well have had parts replaced and paint renewed or be made up of parts from other vehicles the condition of which may be difficult to establish. The Firm has to rely on information as to the date, condition and Authenticity provided by the Seller and does not provide its own description, and does not and cannot undertake its own inspection of vehicles or other Lot and it is the responsibility of the Buyer to ensure that the Lot conforms to the description in the catalogue. The Firm cannot check or verify the authenticity of the chassis or VIN number under which a vehicle is offered, but relies on the Seller’s description.
8. All descriptions are made in the opinion of the auctioneers and by paperwork or information given by the vendor. Please ensure that the lot and relevant paperwork is inspected prior to the sale. The Firm will not be responsible for errors in descriptions that come to light following the auction. All lots are sold as they stand with all faults and imperfections.
9. Mileage is not guaranteed. Please make your own enquiries.
10. At the fall of the hammer, the highest bidder is the successful customer and will be invoiced. Customers will be expected to pay in full within 48 hours, or risk being blocked by the auction house and/or our online bidding platform.
EXCLUSION OF LIABILITY
The Firm shall not be liable for any expenses, loss, claim or proceedings in respect of any loss or damage whatsoever to any property real or personal (including all lots) whether incurred before, during or after the sale. The auctioneers shall not be liable for any expense, loss, claim or proceeding in respect of any personal injury to or death of any person arising out of or in the course of or caused by the sale, except to the extent that the same is due to the negligence of the Firm, their Servants or Agents.
If the Firm receives notice of any dispute related to a sold Lot before the Sale Proceeds have been remitted to the Seller, the Firm may withhold payment from the Seller until it thinks fit or until the Dispute is resolved, whichever is earlier.
The Auctioneer retains the right to withhold partial or total payment for any Lot if items committed to the Sale by the Seller and sold as part of the Lot, including any relevant documents, have not been delivered by the Seller. In all cases an up-to-date vehicle V5 is required by the Auctioneer before the seller will receive payment for any lot.
BIDDING
By bidding at auction whether as principal, agent, in writing, telephone, commission or any other means the bidder agrees to be bound by these conditions of sale. The highest bidder shall be the purchaser. In the event of any dispute arising between two or more bidders, the auctioneer shall have sole discretion in determining the purchaser or re-offering the lot for sale if deemed appropriate. The auctioneer has the right to refuse any bid, to withdraw any lot, to group together lots and to bid on behalf of the vendor. Any items bought or sold within our premises whether lotted for sale or not will be subject to sellers’ fee and buyer’s premium. Online Bidding is available through the bidding platform. easyliveauction.com/frederickandrews
PAYMENT
All purchases shall be paid for in full on the day of the sale (or a % by negotiation with the Auctioneers prior to the sale) direct to the Auctioneers before removal and no lot to be removed without the written authority of the Auctioneers. (If a percentage paid on sale day has been negotiated with the Auctioneers prior to the sale, the balance of that purchase must be settled in full within 48hrs of the close of the sale) Cheques will not be accepted unless prior arrangements with the Auctioneers have been made. Where a purchaser defaults in payment, the Auctioneers reserve the right to re-sell the lot and to charge the Purchaser with any expenses and loss incurred by reason of the failure of the Purchaser to complete his purchases.
The Auctioneers reserve the right to charge Interest at the current bank overdraft rate on any outstanding purchases from the day of sale if they remain unpaid on the Wednesday after the sale.
Transfers of purchases will only be recognised at the sole discretion of the Auctioneers. Every purchaser shall leave his full name and address at the Auctioneers office whether he intends to remove his purchases on the day of the sale or not.
REMOVAL OF LOTS. BOTH SOLD AND ENTERED LOTS.
All lots must be cleared from the saleroom within 6 days of the date of the sale (Unless otherwise agreed with the Firm or we are arranging delivery of any lot ) the Auctioneers reserve the right to charge for handling and storage at the rate of £10 plus VAT per lot per day.
A Seller may by notice to the Auctioneer withdraw the Lot from the Auction no later than 9 days before the sale. If the Seller withdraws after this time he shall be liable to pay the Auctioneer the stated rate of the Seller’s and Buyer’s commission calculated on the middle of the estimated values of the Lot that the Auctioneer would have received had the Lot been sold.
In the event that the Seller withdraws the Lot from the Auction the Seller shall arrange for the collection/removal of the Lot at his own expense within 2 working days after the date of withdrawal provided that the Seller may not collect the Lot unless or until any withdrawal fee payable has been paid in full and any storage charges have been met by the Seller.
DESCRIPTION
The descriptions are supplied by the Vendors who alone are responsible for details and accuracy. The Auctioneers will not be answerable in respect of any errors which may occur.
The Auctioneers may make any intimation of any alteration or modification of the description of any lot immediately before asking for bids. The Auctioneers shall be the sole and exclusive judge of the fact of such intimation and the terms in which it is made. Each lot is sold with all faults, imperfections and errors of description and the Auctioneers are not responsible for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot.
WARRANTY
1. All lots are sold as they stand with all faults, imperfections and errors of description or otherwise. The purchaser shall be deemed to have
inspected the lots he buys.
2. Vehicles may not be immediately roadworthy or may be of such design as will not without alterations, comply with the provisions of Road Traffic Acts or Regulations. The Purchaser shall undertake to comply with such Acts and Regulations.
3. Vendors must comply with the Trade Descriptions Act 1968 and be capable of substantiating all claims, descriptions, quality, manufacture, composition etc of their lots. Where a vehicle is sold without reserve and/or without warranty it shall be implied that it is sold with all latent and patent faults and imperfections and the Purchaser shall have no right to reject the vehicle.
4. Whilst every effort is made to verify vendors and purchasers clean title including a valid up to date HPI Report, the Auctioneers accept no responsibility for unforeseen disputes regarding title.
5. Purchasers should be aware that the photograph included in the brochure is for illustration purposes only and may differ to the actual appearance of the vehicle on the day of sale. Bidders must therefore purchase the lot on its present condition at the time of sale.
6. Where a vehicle is purchased which does not comply with the Motor Vehicle (Construction and Use) Regulations 1951 or any subsequent modification thereof the Purchaser shall not remove it from the Auctioneers premises under its own power. Every vehicle is sold on the understanding that it will not be used on a road in Great Britain until it has been put into such condition that it may lawfully be so used.
7. The Auctioneer acts solely as agent between the Vendor and Purchaser and in the event of a dispute or refusal to pay or non-payment on the part of the Purchaser, they may, at their discretion, annul and cancel the sale of such lot or lots.
PAYMENT TO VENDORS
Vendors shall be entitled to receive the purchase price of any lot or lots sold within 21 days after the sale, provided that the Auctioneer has received payment in full from the purchaser and that:
1. That the complaints procedure shall not have been invoked by or on behalf of the Purchaser, when payment of what is due will be made to whom it is due as soon as practicable by the Auctioneers after settlement of the complaint and:
2. That in the event of any acknowledged debt of the vendor being owed to the Auctioneers, the latter shall have the right to set off such debt against the proceeds of sale.
3. Payment shall be withheld until a V5 or registration document, or certificate of nonregistration, is received.
4. If the Buyer fails to pay the Auctioneer the total Amount due within 21 days after the Sale, the Auctioneer will notify the Seller and take the Seller’s instructions as to the appropriate course of action. So far as in the Auctioneer’s opinion it is practicable, the Auctioneer will at the Seller’s expense assist the Seller to recover the Total Amount Due from the Buyer, but the Auctioneer shall be under no obligation to institute proceedings in its own name.
5. If circumstances outside the Auctioneer’s control do not permit the Auctioneer to take instructions from the Seller, the Seller hereby authorises the Auctioneer, at the Seller’s expense, to agree special terms for payment of the total Amount Due; to remove, store and insure the Lot sold; to settle claims made against the Buyer or the Seller on such terms as the Auctioneer shall in its absolute discretion think fit; to take such steps as are necessary
to collect the monies due by the Buyer to the Seller; and if necessary to rescind the sale and refund money to the Buyer.
LIABILITY.
All breakages are to be paid for at the auctioneers valuation plus buyer’s premium. Acting as agents the firm shall not be considered liable for any default on the part of the purchaser or vendor. The firm may bid on the behalf of a potential purchaser. No liability will be accepted for failure to execute any instructions or any errors that may occur. No employee has any liability arising from the aforementioned items and the firm’s liability shall be limited to the hammer price of any lot in dispute.
GENERAL CONDITIONS
1. The Auctioneers shall have the right, at its sole discretion, without assigning any reason, to refuse any person admission to its Premises or attendance at any of its Sales, or to view any Lot.
2. The Auctioneers may in its absolute discretion refuse to accept any bid, advance the bidding as it may decide, withdraw or divide any Lot, combine any two or more Lots, and in the case of dispute may put up any Lot for auction again.
3. A prospective bidder should register his intention to bid for a Lot by completing fully and signing a Bidder’s Registration Form prior to executing his bid. Failure to do so shall invalidate the sale, unless the Auctioneers, in its absolute discretion, so decides.
4. Where a Lot is illustrated by a photograph, in the case of a vehicle with a registration number visible, that number will not be transferred with the vehicle to the Buyer unless the registration particulars appear in the written part of the description and the transfer has been authorised.
5. Any bid which fails to reach the Reserve may be submitted by the Auctioneer to the Seller and if the Seller accepts that bid, the Lot will be deemed to have been sold to the Buyer at the sum bid at the fall of the hammer and the normal Terms and Conditions will apply to that sale.
6. Whilst the interests of prospective Buyers are best served by personal attendance at the Sale, the Auctioneers will if so instructed execute bids on their behalf. Neither the Auctioneer nor its Employees or Agents will be responsible for any error or default in doing so or in failing altogether to do so. Where the Auctioneer executes bids on behalf of an absent bidder, each
Lot will be bought as cheaply as is allowed by other bids and any relevant Reserve.
7. If a Buyer fails either to pay for or to take away any Lot, the Auctioneers may without further notice to the Buyer, at its discretion and without prejudice to any other rights or remedies it may have, The Buyer will pay to the Auctioneers all legal and other costs borne by it on a full indemnity basis.
8. To issue proceedings against the Buyer for payment of the total amount due and/or for damages for breach of contract. If the Seller decides to sell the Lot elsewhere, the Auctioneers may proceed against the Buyer for the Commission which it would have earned both from the Seller and the Buyer together with VAT on both had the Buyer paid for the Lot in accordance with these Conditions.
9. To rescind the sale of that or any other Lots sold to the same Buyer at this or any other Sale, in respect of which title has not passed.
10. To resell the Lot or cause it to be resold by public or private sale, such that any deficiency in the total amount due resulting from such resale (after giving credit for any payment) together with the full costs incurred in connection with the Lots shall be paid to the Auctioneers by the Buyer; any surplus in excess of the Sale Proceeds of that resale shall belong to the Seller.
11. To store the Lot at the sole expense of the Buyer and to release the Lot only after payment in full of the total amount due, together with the accrued cost of the removal, storage and insurance and all other expenses incurred in connection with the Lot.
12. To retain that or any other Lot sold to the Buyer at the same or any other auction and to release the same only after payment of the total amount due.
13. To reject or ignore any bids made by or on behalf of the defaulting Buyer at any future sales or insist upon a cash deposit before accepting any bids in future.
14. All Lots are offered as seen with all faults and defects without any guarantee or warranty attaching thereto as to condition, roadworthiness or otherwise and with all faults and defects whether apparent upon examination or not.
15. In any event, neither the Seller nor the Auctioneers shall be liable for any indirect or consequential loss whatsoever, and the maximum liability of the Auctioneers together with its Employees and Agents, in the event of any claim against them arising from the sale of any Lot shall be limited to the Hammer Price plus Buyer’s Premium in respect of that Lot.
16. These Conditions shall be governed by and construed in accordance with English Law. All transactions to which these Conditions apply and all matters connected therewith shall also be governed by English Law. Each of the Auctioneer, the Seller, the Buyer and any bidder hereby submits to non-exclusive jurisdiction of the courts of England and Wales.
17. If the Seller wishes to retain the registration number of a Lot, it is the Seller’s responsibility to ensure all relevant paperwork is processed no later than one week before the sale. and to take all necessary steps to ensure that the current registration number is retained and a new number allocated by this time. If the Seller does not do so, the Auctioneer shall not be responsible for any loss or damage whatsoever and howsoever arising out of the Seller’s loss of the right to the registration number following the sale of the Lot.
18. The Auctioneer shall have absolute discretion whether or not to accept any Lot for sale and shall be entitled to select the auction place, date, catalogue placement and photographs for the Lot.
19. The Seller is wholly responsible for the factual accuracy of, and for any judgments or opinions expressed in, the catalogue description of each Lot entered by him, and for any error, misstatement or omission of information in that description if prepared by the seller or any 3rd party agent of the seller, a copy of the typed text will be provided to the Seller within a reasonable time prior to the Auction, and unless the Seller reacts with comments or changes prior to the Auction, the Auctioneer may treat that description as accepted by the Seller.
20. The Seller warrants to the Auctioneer and to the Buyer either that he is the true owner of the Lot or that he is duly authorised to sell the Lot by the true owner, and is able to transfer or procure transfer of good and marketable title to the Lot free from a third party claims or encumbrances.
21. The Seller shall indemnify both the Auctioneer, its Employees and Agents, and the Buyer separately, against all payments, costs, expenses, demands, or any loss or damage whatsoever and wheresoever incurred or suffered by any of them in respect of any breach of these Conditions on the part of the Seller.
22. The Seller shall maintain their insurance of the Lot until they are in receipt of the Sale Proceeds.
