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84 Issue 3 I DVLA Personalised Registrations Auctioneers’ Conditions of Sale sufficient time for the sale of the lot and are clear and unambiguous. The Auctioneer shall endeavour to ensure that if identical written bids are received that priority shall be given to the bid received first. 27. Telephone and internet bidding may be offered as an additional service for no extra charge. Bids made by telephone or internet are solely at the bidders risk and the service is provided subject to the Auctioneers other commitments at the time of the auction and therefore the Auctioneer cannot accept any liability if bids received by telephone or internet are not placed. The Auctioneer reserves the right to record telephone bids. 28. Any bid made by an absentee bidder in writing, or over the internet can only be withdrawn if in the opinion of the Auctioneer significant written notice is received prior to the sale of the lot. The Auctioneer cannot accept any liability for failure to withdraw such bids. 29. The Auctioneer has the complete discretion as to the manner in which the auction is conducted and the order in which lots are offered for sale not withstanding any numbers given to lots within the catalogue. 30. The Auctioneer has the sole discretion and the right to refuse any bid, and/or to withdraw a lot from the auction and if a dispute arises to re-auction a lot. SALE 31. 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. 32. 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 on the day of the sale. PAYMENT 33. Both the agent and Purchaser are equally and severally responsible for payment. 34. On the fall of the hammer a 10% deposit will automatically be taken from your nominated debit or credit card. All successful bidders must forward the balance of the payment within 5 working days of the auction. If full payment is not received within the 5 days your nominated debit or credit will be charged for the outstanding balance. 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. If the 10% deposit is not authorised by your bank, any further bids will be suspended. 35. VAT at the current rate is payable on the Bid Price of every Lot. 36. The Purchaser shall pay to the Auctioneers on making payment for the Lot, a premium of 8% of the final bid price, plus VAT on the hammer price and buyer’s premium together with the £80 assignment fee. 37. 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. 38. 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. 39. 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. 40. 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. 41. 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. 42. 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. 43. On the fall of the hammer 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. 44. 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 :- • 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. • 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. • To deduct from any part payments or deposits already paid the interest payable, buyers premium and any service charges due. • 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. • 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. • 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 which you are the successful bidder. • 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. 45. DVLA’s 10 day cancellation period does not apply to any marks purchased during any DVLA auction. 46. If you purchase an Unsold Lot after the auction you can cancel your purchase within 10 working days after the date of purchase. To do this you would need to email the auctioneers at auction@dvlaauction.co.uk within 10 working days after the date of purchase. Applications to cancel made after 10 working days will not be accepted. In your email please include: • the registration number you purchased • your bidder number • your full name and address, as it was given at the time of registering as a bidder. If you are applying on behalf of a company, please provide us with your position in that company • a declaration that you will destroy the Certificate of Entitlement (V750) once we have confirmed that your purchase has been cancelled. You will receive a reply within 10 working days of your request. Any refund will be made to the payment card used at the time of purchase. Please be aware the 10 day cancellation policy does not apply to any purchases made during the auction.
Sale of Registration Marks Regulations Upon the fall of the hammer a legally binding contract is formed between the Purchaser and the Secretary of State for Transport. The Purchaser has 12 months to assign the registration number to a chosen vehicle; the entitlement period can be extended annually shortly before expiry upon application and payment of a fee. Registration numbers can be assigned to a vehicle registered in the name of the Purchaser or a vehicle registered in the name of the Nominee if Nominee details were provided on the bidder registration application. Following a purchase the Nominee details may only be changed upon application and payment of a fee. The registration number can only be assigned to a vehicle, which is registered, or about to be registered in mainland Britain and which is an appropriate age to receive the DVLA Personalised Registrations I Issue 3 registration number. At the time of assignment the vehicle must be licensed, of a testable type and have a test certificate in force, if applicable. Once the registration has been assigned it may be transferred to another vehicle subject to the DVLA's transfer rules. It is an offence to mis-represent the registration number in any way. Sale of Registration Marks Regulations can be found at: www.opsi.gov.uk If you are unsure about any of these terms and conditions please contact DVLA Personalised Registrations on 0300 123 3400 or visit the information desk at the auction. 85
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