- Terms and Conditions
Terms and Conditions
West Oxfordshire Motor Auction Ltd
Conditions of Entry and Sale 2016
These conditions shall apply to all vehicles entered for sale and to all vehicles sold by auction or by private treaty by West Oxfordshire Motor Auction Ltd (hereinafter called “the Auctioneers”) and shall be binding upon every Seller and every Buyer.
- Definitions and Interpretation:
- “Seller” used in these conditions shall include the owner of the vehicle, his authorised Agent and any other person offering the vehicle to the Auctioneers for sale whether he is authorised by the owner or not.
- “Buyer” used in these conditions shall include the person to whom the vehicle is sold by private treaty, the highest bidder, the person declared by the Auctioneers as being the Purchaser and, if any of the aforesaid persons are acting for a Principal, the Principal himself.
- “Consumer”, a Customer, being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or profession
- “Sale” shall include sale by private treaty as well as sale by auction.
- “Vehicle” shall include all Motor Cars, Commercial Vehicles, Motor Cycles, Plant and other items entered for sale by Public Auction or by private treaty.
- The “age” of a vehicle shall be taken to be the year of manufacture or the year in which it was first registered in the United Kingdom, whichever is sooner.
- These terms shall represent the whole contract between the Dealer and the Customer. They may be varied only by written agreement between the parties.
- The singular shall include the plural and the male shall include the female or business entity as may be appropriate.
- In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.
- Any variation agreed between the Auctioneer and the Buyer or Seller regarding the Vehicle and/or the service to be provided shall be deemed to be an amendment to this Contract and shall not constitute a new contract.
- The Auctioneers shall have a general lien on any property of the Buyer or Seller in its possession for all monies owing to the Auctioneer by the Buyer or Seller on any account whatsoever.
- Unless otherwise stated Vehicles sold and purchased are sold and purchased “as seen”.
- To the fullest extent permissible under applicable law, we disclaim any and all statements, conditions or warranties expressed or implied, in relation to the Vehicles. This does not affect your statutory rights as a consumer. We will not be liable, in contract, tort (including, without limitation, negligence), or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
- The Auctioneers reserve the absolute right to “Refuse” to accept “Any” vehicle for sale.
- No Vehicle will be accepted for sale unless the appropriate entry form has been fully completed and the entry fee paid.
- The Auctioneers may reject a Vehicle for sale if the registration document (V5), MOT test certificate (where applicable) and the keys to the Vehicle are not handed to the Auctioneers prior to entering the Vehicle into a sale. Where a Vehicle is accepted for sale without all the items referred to being produced and is sold, payment will be withheld until all items are produced.
- Where a Vehicle is rejected for sale by the Auctioneers, rejection shall be deemed to be withdrawal from entry for sale.
- The particulars given on the entry form and the description of the Vehicle contained therein form the basis of the contract between the Seller and the Auctioneers and the Auctioneers shall not be liable to account to the Seller for any loss which may arise through the use of such particulars or description in any sale.
- Unless otherwise agreed by the Auctioneers and subject to the current “reserve fee” being paid, all Vehicles over 9 years old must be offered for sale without reserve.
- If a reserve price is not stated in the appropriate place on the entry form the Vehicle will be sold without reserve. Any entry form bearing the reserve price will be construed by the Auctioneers to indicate authority to sell at the figure stated on the form not withstanding qualifying words such as “Nett”, “Clear” or “Home”.
- The Auctioneers shall be entitled to a commission in accordance with the published scale of charges displayed in the auction hall on the price at which the Vehicle is sold. Where a Sale is subsequently amended or made void due to the Seller making an incorrect statement on the entry form, the Auctioneers shall nevertheless be entitled to commission as per the published scale of charges.
- Once Vehicles have been entered for sale, they will not be released until they have been through the auction hall or the Auctioneers have ceased selling for the day.
- If any Vehicle is entered for sale, but is sold by the Seller or his agent to any person attending the sale, that sale shall be deemed to have been effected by the Auctioneers as agents for the Seller and full commission on the Reserve Price in accordance with the published scale of charges shall be payable by the Seller at the time of sale.
- Where a Vehicle is found to be subject to an outstanding finance interest, Hire Purchase or Leasing agreement, the Auctioneers reserve the right to discharge the existing liability to the Finance company or other party concerned and remit the balance, if any, to the Seller on receipt of a Clearance Letter from the Finance company or other party. A fee in accordance with the published scale of charges shall be payable to the Auctioneers by the Seller.
- The Auctioneers shall be entitled to an entry fee at the published rate each time a Vehicle is entered into a sale. All entry fees on unsold Vehicles must be paid before a Vehicle can be removed from the Auction. While unsold Vehicles remain on site, the Auctioneers reserve the right to enter them in the next appropriate sale whereby an additional entry fee shall be payable by the Seller in accordance with the published scale on each and every subsequent occasion.
- Subject to condition 31, all Vehicles must be removed before 13.00 Hrs on the next working day following the sale. In default of removal, storage fees will be charged in accordance with the published scale of charges. Any Vehicles not removed within 2 weeks may, at the option of the Auctioneers, be offered for sale WITHOUT RESERVE on giving 2 weeks’ notice of this intention to the owner (the Seller or Buyer as appropriate to the circumstances)
- On the sale of any vehicle the CONTRACT shall be deemed to have been made between the Seller and the Buyer. Buyers have NO LEGAL rights of action against the Auctioneers for statements made by the Seller. The Buyers right to take action against the Seller remains unaffected.
- On the making of the CONTRACT of sale, the Buyer shall pay to the Auctioneers a premium per Vehicle (the Buyer’s Premium) in accordance with the published scale of charges. Payment of the Buyer’s premium protects you against the Vehicle being on a published list of stolen vehicles, the finance register or the insurance loss register at the time of purchase. This protection shall be limited to the price paid by the Buyer of the Vehicle, less the value of the use of the Vehicle, assessed by the sum which the Vehicle has depreciated.
- It shall be obligatory on the Buyer to notify the Auctioneers within 3 working days of the sale if the chassis number differs from that shown on the registration document or if there is evidence that the chassis number has been altered or removed. (No claims whatsoever will be considered after 21 days). Failure to comply with the above may invalidate the protection.
- Vehicles accepted by the Auctioneers for sale and left on the Auctioneer’s premises are left at the Sellers risk up to the time of the sale and become the responsibility of the Buyer thereafter. The Auctioneers accept no responsibility for loss or damage caused by third parties or circumstances beyond the Auctioneers control. If Vehicles are demonstrated to prospective Buyers, they are done so at the Sellers risk.
- The Auctioneers shall determine the amount of the price advance at each bidding and no person shall be permitted to retract any bid made by him.
- The Seller shall not bid on his own Vehicle either by himself or by his agent except where any Vehicle is entered or deemed to have been entered WITH RESERVE in which case the Seller or his agent may bid up to the reserve price only.
- The Auctioneers reserve the right to bid for the Seller and also the right of taking or refusing any bid. In the event of any dispute arising between 2 or more bidders the Auctioneers may declare who is to be the buyer, and reserve the right to return the Vehicle to the sale. If this decision is not accepted, a bidder may refer the dispute to Arbitration to resolve the matter.
- Where a Vehicle is sold WITHOUT RESERVE and / or “Sold as Seen” it shall be sold with all faults and imperfections and the Buyer shall have no right to return the Vehicle and / or claim damages or any other remedy as regards the condition of the Vehicle except where the Seller has made statements on the entry form as to the Vehicles condition which are incorrect. In this situation the Buyer shall be entitled to make the sale void. Where a Buyer claims an incorrect statement has been made this MUST be notified to the Auctioneers within 4 working days of the purchase. The Buyers right to take action against the Seller remains unaffected.
- “Where a Vehicle is sold WITHOUT RESERVE and / or “Sold as Seen”, at the time of presenting the vehicle to the block for sale by auction the driver shall display colour coded paddles to indicate for those not present any additional vehicle characteristics as below
- Red Paddle indicates an undiagnosed dashboard warning light not contained within the description.
- Blue Paddle indicates an undiagnosed mechanical fault not contained within the description.
- All paddles are statements of the presence of the above characteristic at the time of presenting the vehicle to the block for sale by auction only and do not result from any mechanical or expert opinion or diagnosis. The Auctioneers warrant the presence of the characteristic only. It is for the purchaser to satisfy themselves as to the cause and extent of any such characteristic.
- Where a Vehicle is “Sold with a Trial” all major defects not disclosed at time of sale or any misrepresentations alleged MUST be notified to the auctioneers by the Buyer WITHIN ONE HOUR AND THE VEHICLE RETURNED TO THE AUCTIONEERS WITHIN THAT TIME. The Auctioneers will cause the Vehicle to be examined and will decide whether or not the complaint is justified. If the Buyer disagrees with the decision of the Auctioneers, an independent engineer, at the Buyer’s expense, may be asked to give an opinion and whose decision shall be final. The Buyer’s right to take action against the Seller remains unaffected.
- Where a Vehicle is purchased which does not comply with the Road Traffic Acts and /or the Motor Vehicles (Construction and Use) Regulations or any subsequent amendments thereto, the Buyer shall not remove it from the Auctioneer’s premises under its own power. Every Vehicle is sold on the understanding that it will not be used on the road in the United Kingdom until it has been put into such a condition that it may lawfully be so used and furthermore, that before it is to be used on the road the Buyer is responsible for obtaining an MOT test certificate, if appropriate.
- Immediately a sale of a Vehicle is completed the Buyer shall give his name and address to the Auctioneers. He shall pay for the Vehicle in full, together with the Buyer’s premium to the Auctioneers in accordance with the published charges displayed in the sale room, or at the option of the Auctioneers shall pay a deposit in accordance with the published scale displayed in the auction hall with the balance of the purchase price along with the Buyer’s premium before the Vehicle is removed. If a Buyer purchases more than 1 Vehicle, they must all be paid for in full before any Vehicle can be removed.
- Notwithstanding condition 11 above, a payment by cheque will not give the Buyer the right to remove the Vehicle until the cheque has cleared. Until a cheque has been cleared, payment in full will not have been made within the meaning of these conditions. The Buyer’s premium is payable by the Buyer in respect of the services provided by the Auctioneers to the Buyer, and the Seller acknowledges that the Auctioneers are entitled to retain the Buyer’s premium.
- All Vehicles shall be paid for within 24 hours of the sale date. If the total purchase price for a Vehicle or Vehicles including the Buyer’s premium is not paid within this time, the deposit as fixed according to the published scale and displayed in the auction hall may be retained pending resale of the Vehicles. Once re-sold, any losses sustained as a result of the re-sale will be deducted from the deposit and any balance returned to the Buyer. In the event the Deposit does not cover the losses sustained the Buyer will become due to pay the balance forthwith. No Vehicles may be transferred from a Buyer to a Sub-Buyer.
- The responsibility for a Vehicle shall pass to the Buyer immediately it is sold but ownership of the Vehicle shall pass to the Buyer only when the price has been paid to the Auctioneers in full including the appropriate Buyer’s premium and any cheque or other method of payment tendered in payment has been cleared.
Dispute resolution/ Jurisdiction
- Any dispute which may arise with reference to any sale or to these conditions may be referred to the Auctioneers if the Seller and the Buyer so agree, whereupon the Auctioneers will endeavour to mediate to resolve the matter. Nevertheless, the rights of the Seller or the Buyer to take legal action remain unaffected.
- In the event of a complaint or dispute of any kind our complaints handling procedure which can be found on our website at woma.co.uk and is available from us on request.
- Where your complaint cannot be resolved, once you have exhausted our internal process you may refer the dispute to The National Conciliation Service, 2-3 Allerton Road, Rugby, CV23 0PA. For details of this service you can contact them on 01788 538317, OR http://www.nationalconciliationservice.co.uk/
- Where any dispute cannot be resolved through ADR, this Purchase Order and Contract shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.