DVLA Personalised Registrations Timed Auction ... - DVLA Auctions

Issue 2 2013 I DVLA Timed Auction of Personalised Registrations
Auctioneers’ Conditions of Sale
SALE
29. On the sale of any Lot the contract shall
be deemed to have been made between
the Vendor and the Purchaser and neither
the Vendor nor the Purchaser nor (where
relevant) his nominee (nor any other party)
shall have any legal right of action against
the Auctioneers in respect of any cause or
matter arisen out of the sale.
30. The Purchaser, if,
(i) he is acting for a named Purchaser and
wishes that person to be named as the
Purchaser (for the purposes of the
Regulations) on the Certificate of
Entitlement, and/or
(ii) he is acting for a named Purchaser who
wishes some other person to be named as
the nominee of that Purchaser (in
accordance with the Regulations) on the
Certificate of Entitlement, or
(iii) he is acting as Purchaser and wishes to
nominate some other person as his
nominee (in accordance with the
Regulations) must provide the Auctioneers
with the full name(s) and address(es) of the
Purchaser and the name of the nominee (as
the case may be) to be named on the
Certificate of Entitlement as the Purchaser
and/or his nominee before making payment
or within 5 working days after the auction,
whichever is the sooner.
PAYMEnT
31. Both the agent and Purchaser are
equally and severally responsible for
payment.
32. At the end of the sale all successful
bidders will have 10% of the winning bid
price automatically taken from their
nominated debit or credit card.
Customers who have bid online will be sent
an invoice by email showing the
outstanding balance. If you have bid by post
or fax you will be notified by post.
Payment of the outstanding balance must
be made in full within 5 working days from
the close of the auction. If full payment is
not received within the 5 days your
nominated credit or debit card will
automatically be charged.
It is of critical importance that funds are
readily available to you to pay the purchase
price for the Lot in full before you make a
bid.
33. VAT at the current rate is payable on the
Bid Price of every Lot.
34. The Purchaser shall pay to the
Auctioneers on making payment for the
Lot, a premium of 8% (minimem £40) of the
final bid price, plus VAT on the hammer
price and buyer’s premium together with
the £80 assignment fee.
35. A payment by cheque will not confer
upon the Purchaser or the nominated
person an entitlement to the Relevant Right
until the cheque has been cleared and will
not until clearance be deemed to constitute
a payment within the meaning of these
conditions.
36. A payment by credit card will not confer
upon the Purchaser or nominated person an
entitlement to the Relevant Right until
cleared funds have been received by the
Auctioneer from the credit card provider
and will not until such time be deemed to
constitute Payment within the meaning of
these conditions.
37. The Auctioneer is not liable for any
disruption and/or failure to the Internet
based payment system. The Auctioneer
reserves the right to withdraw the service at
any time with or without notice and the
Purchaser must arrange to use an alternate
method of Payment.
38. If the price of any Lot and any other
payment due is not paid in full the
Auctioneers/Vendor reserve the right to
pursue the Purchaser and legal action will
be taken to recover the full or outstanding
balance appropriate.
39. If a Purchaser buys more than one Lot
he must have paid for them all in full before
Certificates will be issued in respect of any
of them.
40. When payment in full for all the Lots
purchased has been received the Purchaser
or some other person nominated by him in
accordance with paragraph of the Schedule
shall be entitled to acquire the Relevant
Right. The registered mark described in the
Lot may then be assigned to an
Appropriate Vehicle registered in the
Purchaser’s name or that of the nominated
person whose name has been provided to
the Auctioneers by the Purchaser on the
day of the sale.
41. On the sale of Lot a contract is formed
with the Secretary of State for Transport
and included in that a contract is deemed to
have been formed between the Purchaser
and the Auctioneer. In the event of late
payment, the Auctioneer reserves the right
to recover the amount owing to him and/or
deal with the matter in any way they see fit.
The Auctioneers retain the right to add a
special service charge in the event of late
payment.
42. DVLA’s 10 day cancellation period does
not apply to any marks purchased at any
DVLA auctions.
43. If the full purchase price is not received
for a lot then the Auctioneer will without
providing further notice to you and at the
Auctioneer’s complete discretion be
entitled to exercise any of the following :-
l To resell the lot by auction or any other
means and reclaim any loss on the resale
from any monies already paid by the
Purchaser.
l To charge interest on the purchase price
at 5% per annum above the base lending
rate of Lloyds TSB Bank plc from time to
time to be calculated on a daily rate from
the date which the purchase price
becomes payable to the date of actual
payment.
l To deduct from any part payment or
deposits already paid, the interest
payable, buyer’s premium and any service
charges due.
l To sell any other property in the
Auctioneers possession or control for any
purpose (including without limitation of
the lot sold to you) and to apply any
monies due to you as a result such as sale
in payment or part payment of the
purchase price and/or towards
satisfaction of any amounts owed to the
Auctioneer pursuant to these conditions
of sale.
l Reject a bid from you at any future sale or
require you to pay an amount on account
by way of deposit before any bid will be
accepted from you at a future sale.
l Such deposit or money on account can
be applied by the Auctioneer as payment
or part payment towards the purchase
price of any future lot for which you are
the successful bidder.
l You will indemnify and keep the
Auctioneer and the seller fully
indemnified against all legal and other
costs of enforcement and any other
expenses and losses (including the fees to
which the Auctioneer is entitled and are
incurred by the Auctioneer) and or the
seller on a full indemnity basis together
with any interest thereon at a rate of 5%
per annum above the base lending rate of
Lloyds TSB Bank plc from time to time
the date upon which the and or the seller
becomes liable to pay such costs or
incurs such expenses or suffers such
losses.
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