Terms and Conditions
Website TERMS and CONDITIONS
Welcome to our website, www.auctioneers.co.uk (the ''Website''). The Website is provided by Merthyr Tydfil Car Auctions Limited (T/A MMA), a company registered under number 1438339 in England and whose registered office is at Redbarrel House, Pant Road, Dowlais, Merthyr Tydfil, CF48 3SH (VAT number 337 8232 46) (''us'', ''we'' or ''our'' for short). ''You'' and ''Your'' means You as the user of our Website.
Use Of This Website
If You do not agree to these Terms and Conditions, You should not use the Website. You should read all the Terms and Conditions prior to using the Website. You should also save and/or print out a copy of these Terms and Conditions for future reference.
You are not permitted to use, or cause others to use, any automated system or software to extract content or data from this website for commercial purposes (''screen scraping''), except in cases where you or any applicable third party has entered into a written Licence Agreement directly with us that expressly permits such activity.
We may from time to time vary these Terms and Conditions. Please check these Terms and Conditions regularly to ensure You are aware of any variations made by us. If You continue to use this Website, You are deemed to have accepted such variations. If You do not agree to such variations, You should not use this Website.
Conditions of Sale
(a) Reserve prices on lots, which are cars over 5 years old, are not accepted and where such a reserve is indicated it will be ignored. Reserve prices on other lots including, but not limited to, motorcycles, light commercials and heavy commercial vehicles over 6 years old, will not be accepted and again will be ignored.
(b) The company may without giving any reason refuse to accept a bid from any person or persons and ban them from the auction.
(c) The highest bidder subject to Condition (b), for each lot shall be the buyer of that lot. The buyer shall in respect of any lot purchased pay an indemnity fee (buyer's premium) to the Company, in addition to the amount of the accepted bid. Details of the indemnity fee (buyer's premium) can be found on the rostrum, in the cashier's office and also in the cafeteria within the Company premises. All commercial vehicles unless otherwise stated will be charged VAT at the current rate at the time of sale. In consideration for the receipt of the indemnity fee (buyer's premium) (in cleared funds) the Company agrees to reimburse the buyer with total sum paid for any lot purchased by the buyer where despite payments to the accepted bid price, title is not passed to the buyer due to the seller not having the right to sell the lot in question.
(d) Any items that have been registered as vehicles with the DVLA will incur the full indemnity fee (buyer premium).
(e) The buyer of each lot shall give in his name and address and proof of identity (if required) to the Company at the time of sale and shall, if required, pay to the Company [£500 or 10% of the accepted bid if under £5,000 or £1,000 if bid is over £5,000] as a non-refundable deposit.
(f) A contract for the sale and purchase of the lot shall come into effect at the time of the fall of the hammer ("the time of acceptance"), however ownership and risk in each lot shall only pass to the buyer upon payment in full cleared funds being received and the buyer shall be responsible for insuring the lot from that time. Prior to transfer of ownership and risk in the lot shall remain with the seller.
(g) Each buyer shall pay the purchase price (which shall be the accepted bid at the time of acceptance plus any other sums payable by the buyer to the Company) under the terms of these Conditions and shall remove the purchase goods from the Company's premises no later than 24 hours after the time of acceptance of the bid PROVIDED THAT no purchase may be removed during the auction or until such time as all money due from the buyer has been received in cleared funds. Failure to pay within the specified time (referred to above) will result in the loss of any deposit paid.
(h) Buyers of lots paid for but not collected from the Company's premises within 48 hours of the time of acceptance will be charged £35.00 per day plus VAT parking fee. This fee will also apply to account holders who leave items forming part of any lot on the Company's premises in excess of 48 hours from the time of acceptance of that lot.
(i) Every person on the Company's premises before, during or after an auction shall be deemed to be at their own risk and with notice of the condition on the premises. Such persons shall have no claim against the Company in respect to any injury or accident, which occurs on the Company's premises. NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT THE COMPANY'S LIABILITY IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF THE COMPANY OR ANY OF ITS EMPLOYEES.
(j) The Company sells as agent for the seller and as such is not responsible for any default by seller or buyer. The Company cannot and does not check the merchantability or any other qualities of the lots offered for sale, at any auction on the Company's premises, by any seller. Lots are sold on behalf of the seller and all warranties as to the condition of the lot are excluded by the seller to the fullest extent possible under the law. The Company is not a party to any contract for the sale of any items in any lot and does not accept liability to the parties to any such contact.
(k) All lots are "sold as seen" with all faults and imperfections (whether or not rendering such vehicle unroadworthy) and errors of description, thus we advise you to attend the auction in person. The descriptions in catalogues are for the general identification only. Buyers should satisfy themselves prior to the auction as to the condition of each lot. Any statement by the Company as to a lot is a statement of opinion only and every party should rely on his own judgement as to all matters affecting the lot PROVIDED THAT nothing in these Conditions shall exclude any parties' liability for statements made fraudulently. The Sale of Goods Act 1979 (as amended) does not apply.
(l) In addition, no warranty or guarantee is given in respect of mileage, service history, spare keys, MOT, etc... of any lot or that any lot sold complies with any statutory requirements or regulations.
(m) It is the buyer's responsibility to ensure that any lot purchased, which is a motor vehicle, is in a roadworthy condition prior to it being used upon a public highway and where such a lot is not in a roadworthy condition, it is the buyer's responsibility to ensure that it is transported from the Company's premises legally.
(n) The Company, its servants or agents are not responsible for errors of description or for the authenticity of any lot or for any mis-statement as to any matter affecting them. The entering agent makes every effort to ensure that all personal belongings, rubbish or equipment is removed from the vehicle before they are entered for auction; the Company, its servants or agents take no responsibility for any such items in the vehicle. Responsibility falls to the purchaser to remove any such items from the vehicle after purchased. The Company, its servants or agents does not make or give, nor has any person in the employment of the Company have any authority to make or give, any representation or warranty in relation to any lot and any implied conditions or warranties are excluded to the fullest extent permissible under law.
(o) The Company accepts no liability for wrong lotting slips placed on any lots entered into the auction. Sellers entering goods for sale at the auction must ensure that the correct information is displayed on the lotting slip. The Company shall at its sole discretion allocate a type to goods entered as lots into the auction.
(p) All NHS and Fire Service vehicles must be de-commissioned before the vehicle is released. Whilst every care is taken removing blue lights, stretchers, stripes etc. MMA cannot be held responsible for any damages this may cause. It is the buyer's responsibility to ensure that any de-commissioned vehicle is in a roadworthy condition prior to it being used upon a public highway and where such a lot is not in a roadworthy condition, it is the buyer's responsibility to ensure that it is transported from the Company's premises legally.
(q) There is a 50% extra indemnity for all NHS or Ambulance vehicles such as ambulances, cars, vans, 4x4's, etc. Check window lotting slip and listen to the auctioneer.
(r) There is a 50% extra indemnity for all exporters.
(s) An online service charge of £55.00 plus VAT is charged for all purchases made online.
(t) A service charge of £30.00 plus VAT is charged for all bids placed using a spotter/assistant auctioneer. This service charge is non-refundable.
(u) All finance arrangements must take out our extended warranty cover and are subject to availability and their terms and conditions.
(v) All phone bidders are required to register online and are subject to terms and conditions of the website.
(w) Cancelations of warranties are liable to a service charge of £50.00 plus VAT.
(x) The Company accepts no responsibility for loss or damage to any property whilst it is on the Company's premises, including the lots entered into an auction howsoever caused (regardless of any parking fee being incurred), including when being driven by an employee of the Company.
(y) In an effort to ensure fair and honest public feedback, and to prevent the publishing of libellous content in any form, your acceptance of these terms and conditions prohibits you from taking any action that negatively impacts auctioneers.co.uk (Merthyr Tydfil Car Auctions Limited T/A MMA), its reputation, products, services, management or employees. Should you violate this clause, as determined by auctioneers.co.uk (Merthyr Tydfil Car Auctions Limited T/A MMA) in its sole discretion, you will be provided a seventy-two (72) hour opportunity to retract the content in question. If the content remains, in whole or in part, you will immediately be billed £2,500.00 GBP for legal fees and court costs until such complete costs are determined in litigation. Should these charges remain unpaid for 30 calendar days from the billing date, your unpaid invoice will be forwarded to our third party collection firm and will be reported to consumer credit reporting agencies until paid.
(z) Any goods or property left on the site shall be left at the owner's risk and any unauthorised goods or property left on the site for in excess of 7 days will be disposed of accordingly.
(aa) Any outstanding payments will incur interest at the rate of 4% over the base rate of Barclays Bank from the time to time or in accordance with the Late Payment of Commercial Dept (Interest) Act 1998 whichever is the greater until payment in full is paid.
(bb) The Company reserves the right to replace these Conditions without notice subject to making them available at the Company's premises and it is the customers responsibility to ensure that they have an up to date copy of the Conditions.
(cc) Any deliveries provided by The Company for and on behalf of the customer are charged at cost. On the fall of the hammer, responsibility lies with the customer. Any breakdowns en-route are down to the customer and will be charged at cost. Waiting times and any further transportation will be charged accordingly.
Accessing Our Website
Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service without notice. You are responsible for making all arrangements necessary to access this Website. You are also responsible for ensuring that all persons accessing our Website through Your internet connection are aware of these Terms and Conditions.
Reliance On Information Posted
Materials posted on our Website are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information.
You may access, view and print out one copy of this Website and all information, images, and other content displayed on the Website (''Materials'') on a single device strictly in accordance with these Terms and Conditions.
You may only view, print out and use the Website and the Materials for Your own personal, non-commercial use. We expressly reserve all intellectual property rights in
and to the Website and the Materials and Your use of the Website and Materials is subject to the following restrictions. You must not:
remove any copyright or other proprietary notices contained in the Materials;
use any Materials from the Website in any manner that may infringe any copyright, intellectual property right or proprietary right of us or any third parties; or
reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit this Website and/or the Materials in any way including for any commercial purpose, without our prior written consent.
We expressly reserve all rights in and to the www.auctioneers.co.uk domain name and all related domains and sub-domains. Other trade marks, products and company names mentioned on the Website may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.
Linking To Our Website
You may link to any page of the Website for non commercial purposes provided that You do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, any copyright notice, or other information published on the Website. Our Website must not be framed on any other site.
If You would like to link to our site for commercial purposes or any purpose not included above, please write to us at Merthyr Motor Auctions, Redbarrel House, Pant Road, Dowais, Merthyr Tydfil, CF48 3SH or by using the 'contact us' function on the Website.
We reserve the right to withdraw linking permission at any time and without notice.
Third Party Sites And Content
Our Website and/or the Materials and Content may contain links to third party websites. If You decide to visit any third party site, You do so at Your own risk. We are not responsible for the content, accuracy or opinions expressed in such websites. Links do not imply that we are, or our Website is, affiliated to or associated with such sites.
Your browsing and interaction on another website, including websites which have a link to our Website, is subject to that website's own rules and policies. Please read those rules and policies before proceeding.
Our communications with You may contain information sourced from third party websites. Material from a third party site will be clearly marked and a link to the source website will be provided. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from our communications with You, or any use of personal data by such a third party.
The inclusion of any link in our communications with You does not imply endorsement by us of the linked site. If You decide to access linked third party websites, You do so at Your own risk.
Registration and Members Area
Registered Users have access to additional areas of the Website and/or functionality (''Members Area''). Access to the Members Area is controlled by username and password. Registered Users will be able to access the Members' Area of the site on the basis that:
Username and password are personal to individual Registered Users and shall not be used by anyone else to access the Merthyr Motor Auctions Members' Area;
Registered Users provide true, accurate, current and complete information about themselves as requested in the registration form;
Registered Users do not do anything that would assist anyone who is not a Registered User to gain access to the Members' Area or any documents contained therein;
Registered Users do not maliciously create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor do they seek to pass themselves off as another user;
Merthyr Tydfil Car Auctions Ltd reserves the right to cancel membership to the site and/or refuse access to the Members Area. We shall not be liable for any loss or damages whatsoever arising from a Registered User's inability to access any pages on the site.
Information On The Website
Views and opinions expressed in content submitted by Users are those of the individual submitting the material, not those of Merthyr Motor Auctions and we accept no responsibility for the content of such posts.
If You find any content on the Website to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way, please notify us using the 'contact us' function on the Website, using the subject title ''Offensive Content''.
On receipt of Your complaint we may remove or block access to the content complained of and will investigate whether the content breaches our Content Standards policy.
You agree to use the Website in accordance with the following rules. All content submitted by You, including, but not limited to, Your name, biographical information and all other names, likenesses, graphics, logos, marks, text, images, photographs, and all other information and material shall be called ''Your Content'' for short.
You grant to Merthyr Motor Auctions a non-exclusive, perpetual, irrevocable, transferable, royalty-free license (including full rights to sub-license) to use Your Content (including, without limit, the right to adapt, alter, amend or change Your content) in any media throughout the world without restriction, and You warrant that any material You submit is Your own work or that You have obtained all necessary rights and permissions of the relevant owner and that You have all relevant rights in Your Content to enable You to grant the rights in this clause.
You hereby unconditionally and irrevocably waive and agree not to assert any and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world in connection with our exploitation of the rights in Your Content granted here under, to the maximum extent permissible by law.
You agree you are a genuine consumer with a genuine experience of the product or service you are reviewing and you do not have any professional or personal relationship with the company
You have submitted the review based on your own genuine beliefs and have not been given an incentive by the company to submit a review of a specific rating or disposition
Publication of Your Content will be at our sole discretion and we are entitled to make additions or deletions to any such material prior to publication, after publication or to refuse publication.
You agree not to leave any website links, email addresses or personal information (including names & phone numbers) in your reviews on the website.
You undertake to us that Your Content or its use in accordance with these Terms and Conditions shall not:
infringe copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity
contain any personal information relating to any persons under 18 unless You are either their parent or legal guardian or have obtained the signature and authority of a parent or legal guardian of any such person permitting You to submit such person’s name or other content related to such person
contain any content that does not meet our Content Standards (see below)
contain any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programs or material; or
violate any applicable law, statute, ordinance, rule or regulation.
If Your Content contains any material that is not owned by or licensed to You and/or which is subject to third party rights, You are responsible for obtaining, prior to submission of Your Content, all releases, consents and/or licenses necessary to permit use and exploitation of Your Content by us in accordance with these Terms and Conditions without additional compensation.
Whenever You submit Your Content to the Website, Your Content must comply with our Content Standards. If You do not comply with our Content Standards, we reserve the right to suspend You from using the Website and/or accessing the Members' Areas without notice.
Your Content must:
be accurate where it states facts
be genuinely held where it states opinions
comply with applicable law in any country in which it is posted.
Your Content must not:
contain any material which is defamatory of any other person
contain any material which is obscene or offensive
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
infringe any copyright, database right or trade mark of any other person
contain misleading or deceptive statements or omissions or misrepresent Your identity or affiliation with any person
falsely represent that You are a consumer
contain any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation or advertisement commercial or otherwise
be made in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence
be likely to harass any other person
be likely to disrupt our service in any way
give the impression that they emanate from us where this is not the case; and
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse
Use Of Your Content
We reserve the right to monitor any information transmitted or received through our Website. We reserve the right to reject, block, suspend or remove Your Content at any time and in our sole discretion. We in no way guarantee that Your Content or any part of it will be displayed on the Website.
You agree to compensate us and our respective directors, officers, employees, and applicable third parties in full from and against all third party claims, liabilities, losses and expenses (including reasonable legal fees) suffered by such persons arising out of, or related to or which may arise from Your Content and/or any breach by You of any term of these Terms and Conditions.
To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website. In particular we do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take Your own precautions in this respect.
We do not accept liability for any failure to maintain the Website and/or late or failed delivery of any Materials.
We shall not be liable, under these Terms and Conditions for any indirect, special, incidental or consequential damages or otherwise, even if advised of the possibility of such damages.
The Materials may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Materials.
We shall not be liable for any loss caused as a result of Your actions or inactions based on the Materials available on this Website. However, nothing in these Terms and Conditions shall affect Your statutory rights, and nothing in these Terms and Conditions shall exclude our liability for:
death or personal injury arising through negligence
fraudulent misrepresentation; and/or
anything else that cannot be excluded or limited by us under English law
In an effort to ensure fair and honest public feedback, and to prevent the publishing of libellous content in any form, your acceptance of these terms and conditions prohibits you from taking any action that negatively impacts auctioneers.co.uk (Merthyr Tydfil Car Auctions Limited T/A MMA), its reputation, products, services, management or employees.
Should you violate this clause, as determined by auctioneers.co.uk (Merthyr Tydfil Car Auctions Limited T/A MMA) in its sole discretion, you will be provided a seventy-two (72) hour opportunity to retract the content in question. If the content remains, in whole or in part, you will immediately be billed £2,500.00 GBP for legal fees and court costs until such complete costs are determined in litigation. Should these charges remain unpaid for 30 calendar days from the billing date, your unpaid invoice will be forwarded to our third party collection firm and will be reported to consumer credit reporting agencies until paid.
Privacy And Your Personal Data
Legal Compliance And Applicable Law
The English Courts will have exclusive jurisdiction over any claim arising from or related to a visit to this Website. English Law will apply to these terms and conditions.
If You have any concerns or queries about material which appears on our Website or if You have questions about Your use of this Website or these Terms and Conditions please get in touch using the 'contact us' function on the Website.
Our postal address for correspondence is Merthyr Motor Auctions, Redbarrel House, Pant Road, Dowlais, CF48 3SH