Terms and Conditions of Members
IMPORTANT This is a legal agreement between MOTORBIKE AUCTIONEERS and the user ("you" or "your") of the used vehicle auction website at URL www.motorbikeauctioneers.com ("Website"). Please read the following terms and conditions carefully.
1.1 In this agreement the following terms and phrases shall have the following meanings:
Vendor Fee: shall mean the price the Vendor shall pay for submitting their goods for sale through the auction.
Auction Fee: shall mean the amount paid by the winning bidder to the auction house.
Bidder: shall mean the persons who bid for the Goods on the live auction.
Buyer/Winning Bidder: shall mean the Bidder who wins the auction.
Goods: shall mean the good for sale at our Auction.
Membership Criteria: shall mean the criteria for the membership of the Website as stated on the Website.
Purchase Price: shall mean the price of the winning bid as a bid by the Buyer.
Services: shall mean the service of the Goods for sale at our live, in house auction.
Terms: shall mean these terms and conditions.
Website: shall mean www.motorbikeauctioneers.com.
Status of these Terms
2.2 We may alter, vary or modify these Terms without your consent. We will, however, use reasonable endeavours to notify you of any changes made to these Terms. Should we fail to notify you of any amendments to these Terms you shall have no right to terminate this agreement or hold us liable for any loss suffered by you. You agree to check these Terms before you bid on the Goods and before you advertise Goods on the Website.
2.3 We may at any time and for any reason remove your right to access our services. This includes using our website and/or any related products. We are not obliged to provide a reason for any restrictions made upon you.
2.4 In the event of any conflict between any documents constituting the agreement between us the following order of precedence shall apply:
4.1 Full instructions on how to bid for the Goods and details of the expiry date and time for each auction will be posted on the Website but all bids and transactions shall be subject to these Terms. These can also be supplied to all persons via our in house auctioneers.
4.2 A bid may not be withdrawn after it is placed.
4.3 A person may submit a bid for the Goods which is less than the sum specified by motorbikeauctioneers.com in relation to those Goods. This bid will be presented to the vendor and if accepted by the vendor, you are legally bound to complete the transaction and pay the Purchase Price as the winning Bidder.
4.4 To be the winning bid, the bid must be the highest bid of the auction and must meet any other conditions which may be specific to each auction. If additional conditions apply, they will be detailed alongside the description of the Goods prior to the commencement of each auction listing.
4.5 When you bid on the Goods you are agreeing to purchase those Goods for the price you bid in the event that you are the highest Bidder.
4.6 Any online bidder must contact us immediately after a successful bid, any successful Bidder must pay for the Goods within 24 hours.
4.6-a If as a successful bidder you have not contacted us immediately after the sale or your contact information is incorrect we may cancel the sale and sell to the next highest bidder.
4.7 Title to the Goods shall pass when the successful Bidder pays in full for the Goods.
4.8 The Vendor reserves the right to end an auction listing at any time without prior notification to the Bidders however the Vendor must immediately notify motorbikeauctioneers.com (subject to clause 4.9 and 4.10).
4.9 In the event that the Vendor ends an auction listing early which has met the reserve price (and fails to sell the Goods to the Highest Bidder) the Vendor shall be liable to pay the vendors Fee.
4.10 If you are the highest bidder and the reserve price is not met the Vendor or motorbikeauctioneers.com may contact you to accept or discuss your bid for the Goods.
4.11 motorbikeauctioneers.com reserves the right to refuse or remove bids and/or suspend, cancel or extend auctions at its absolute discretion, including where there are or have been obvious typographical or arithmetical inaccuracies.
4.12 If your bid is successful, the Vendor will confirm by email or telephone together with dates and time for collection (or delivery) of the Goods and acceptable payment methods.
4.13 motorbikeauctioneers.com is not obliged to assist in any disputes between the Vendor and Bidders. The vendors' legal right of anonymity will be kept at all times.
4.14 Intelligent bidding allows you to submit your maximum bid on a vehicle listing and it will bid up to this figure on your behalf. If the maximum bid placed exceeds that of the reserve price set by the selling dealer the system will only take the reserve price figure and display a reserve met status on the vehicle listing. Bids will then increase up to your maximum bid as subsequent bids are placed.
4.15 On winning any of the bids you will pay the auction fees.
4.16 All vehicles are sold as "sight-seen" on a "sold as seen" basis. (all vehicles are available to view from 24hrs before or during an auction).
IMPORTANT: This is a live auction for second-hand goods sold as seen and as such the Sales of Goods Act 1979 and Consumer Rights Act 2015 do not apply. We encourage every person taking part in our auction to physically view and satisfy themselves with the condition of the goods prior to bidding. By clicking to bid via the internet or in person this action is a legal commitment to buy and when the hammer goes down you have purchased the goods at that price in the condition they stand-in. If you are unable to establish the condition or value of the goods to your satisfaction then please do not bid. Any goods purchased do not carry any warranty or guarantee, goods are sold as seen. If you choose not to view the goods before taking part in an auction you waive any responsibility of ourselves and that of the Vendor to the condition of the goods. All goods have an inspection by ourselves in order to establish the basic condition of the goods. The information provided from the inspection should however not be relied upon as a status. All photographs and descriptions are only to be used as a guide we endeavour to collate as much information as possible, we do rely on 3rd party information and we cannot take responsibility for any errors that may occur.
a) Bidding will only commence after the auction starts.
b) The stock is available to view from 24hours before the auction start time, bids can be taken once the auction has started but only accepted through the electronic bidding platform (even if the bidder is on-site).
Your Obligations & Membership Criteria
5.1 You agree to provide further information if required in relation to your registration.
5.2 We reserve the right to block your access to use the Website if there are reasonable grounds for suspecting you do not fulfil the criteria for membership (as stated on the Website) of the Website or have otherwise breached these Terms.
5.3 It is your responsibility to notify us immediately of any changes to your registration details by emailing us.
5.4 On registration you will be asked to select a username and password.
5.5 You are responsible for the use and security of your password and username and for ensuring compliance with these Terms.
5.6 You are responsible for keeping your password and username confidential and must notify us immediately if you suspect unauthorised use by any other third party.
5.7 In the event of a security breach, you will be given the ability to change your username and password which you must do immediately.
5.8 You are responsible for all costs and charges (including without limitation Internet and telecommunication charges) in accessing the Website.
5.9 You shall not allow authorised third parties to access the Website for any improper or unlawful purposes and you are not permitted to transfer your password to another person or entity.
5.10 You shall not permit any person under the age of 18 to participate in an auction on the Website.
5.11 You will use your best endeavours to scan or remove any virus or any other contaminated or destructive features before submitting any other information to motorbikeauctioneers.com.
5.12 You agree that your membership of the Website is based on you complying with the terms of the Membership Criteria. Should motorbikeauctioneers.com reasonably suspect that you do not fulfil the Membership Criteria motorbikeauctioneers.com reserves the right to suspend and block your access to the Website and retain your Annual Subscription Fee.
5.13 You agree that your membership of the Website means that when you purchase goods, you do so under the terms and conditions set out by www.papauctiongroup.com (section 8.3 of these terms).
6.1 We shall make available the terms of delivery to the Bidder at the Bidders requested and or request of motorbikeauctioneers.com who may make available the terms of delivery to the Bidders.
6.2 The Buyer shall at his own expense collect or make arrangements for the delivery of the Goods at his own expense.
6.3 The Goods shall only be collected or delivered (as appropriate) when the Vendor has received clear funds of the Purchase Price.
6.4 The Buyer shall collect or have the Goods delivered in accordance with the terms of the Vendor.
6.5. Delivery can provide to you Motorbike Auctioneers. We strongly advise against this as it removes your ability to view the good prior to the commencement of the sale. We cannot be held liable in any way for any delivery service.
7.1 All Goods must be paid for in cleared funds in pounds sterling within 48 hours by agreement to the Vendor as set out in the invoice for the vehicle.
7.2 In the event that payment is not received within 48 hours the Vendor reserves the right to treat the bid as having lapsed and offered the Goods to other parties.
7.3 In the event that the Buyer fails to pay the purchase price in accordance with clause 7.1 the Buyer shall be liable for:
a) the full Purchase Price due to a breach of contract; and/or
b) an administrative fee of £99.00 being the cost to set up a new auction on behalf of the Vendor and to deal with any complaints of the Vendor.
7.4 You are responsible for complying with all legal requirements in relation to the use and maintenance of the Goods.
7.5 The Vendor and Buyer are responsible for obtaining all certificates, permits or other authorisations necessary before the Goods can be used on any road or elsewhere.
7.6 The Buyer shall be liable for any taxes arising with the supply of the Goods.
8.1 Nothing in these Terms shall operate to exclude or restrict either party's liability for:
a) Death or personal injury resulting from negligence;
b) Breach of the obligations arising from section 12 of the Sale of Goods Act 1979; or
c) Fraudulent Misrepresentation.
Please note that any vehicles purchased from the auction are considered to be un-roadworthy and should be inspected by a professional prior to any type of use.
8.2 You acknowledge that you have not relied upon any representation made to you by motorbikeauctioneers.com, its employees or agents in relation to the Goods unless such representation has been confirmed in writing prior to the auction.
8.3 The Goods are previously owned vehicles and are sold as seen. All vehicles are sold with all (if any) faults and imperfections and errors of description. Buyers should satisfy themselves prior to the sale as to the origin, description, suitability, age, durability, completeness, operability, state and condition of the Goods and should exercise and rely on their own judgment as to whether the Goods accords with any description. None of the photographs or illustrations of Goods available should be relied upon to give an accurate or full depiction of the state or condition of the Goods. Accordingly, all conditions and warranties implied by law, trade, custom or practice are hereby excluded subject to clause 8.1 above and except to the extent that such exclusion is otherwise prohibited by any law.
8.4 The Vendor hereby agrees that they are liable for all information (including photos) that he uploads/provides to the Website including but not limited to any false or misleading information or photos.
8.5 The Vendor agrees to indemnify motorbikeauctioneers.com against all claims, losses, damages, legal fees and consequential loss as a result of the information it provides or uploads (in accordance with clause 8.4) to the Website.
8.6 The Vendor agrees to indemnify motorbikeauctioneers.com against all claims, losses, damages, legal fees and consequential loss made by the Buyer or any third party in respect of the roadworthiness and safety of the vehicle.
8.7 The Buyer acknowledges and agrees that in the event of an accident caused by a fault with the goods which results in a claim being made, the Vendor is the correct defendant in this matter and not motorbikeauctioneers.com.
8.8 motorbikeauctioneers.com shall not in any circumstances be liable for any indirect special or consequential loss or damage or any loss of profits, business opportunities, or damage to goodwill (whether such losses are direct or indirect) to either party.
8.9 Motorbike Auctioneers has the right to offer a goodwill gesture. Any goodwill gesture offered is at its discretion of Motorbike Auctioneers and as such is offered without any acceptance of liability, in the interest of good service.
9.1 You agree that should any liability to you arise, your sole remedy in respect of any claim in relation to the Goods.
10.1 The Website and the content are provided on an "as is" and "as available" basis by motorbikeauctioneers.com
10.2 Subject to the provisions of these Terms in relation to the purchase of Goods:
a) motorbikeauctioneers.com does not guarantee or give any warranty as to the accuracy, timelessness or completeness of any information or material on the Website to the extent that motorbikeauctioneers.com is permitted by law;
b) motorbikeauctioneers.com excludes any liability whether in contract tort (negligence) or otherwise for any incorrect or misleading information on the Website except as set out on these Terms;
c) motorbikeauctioneers.com shall not be liable to you or any third party resulting from any unauthorised access to the Website;
d) motorbikeauctioneers.com does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free from errors, viruses, worms or trojan horses and motorbikeauctioneers.com is not liable for any damage you may suffer as a result of such destructive features;
e) motorbikeauctioneers.com shall not be held responsible for the content provided by third parties or for the content of or use of third-party sites to which there is a link in the Website; and
f) motorbikeauctioneers.com is not responsible for the reliability or continued availability of the telephone lines or equipment you use to access the Website.
10.3 The parties agree that these warranties are reasonable and agree to be bound by them.
Data and Privacy
Changes to the Website
12.1 You agree that motorbikeauctioneers.com has the right to change the content or technical specifications of any aspect of the Website at any time at motorbikeauctioneers.com sole discretion for the purposes of (but not limited to):
a) upgrading the software;
b) upgrading the Website content; inclusive of the terms and conditions;
c) removing malicious software;
d) resolving/repairing any third-party hacks;
e) improving the technical specifications of the Website;
f) general maintenance;
g) making reasonable alterations to the Website.
12.2 motorbikeauctioneers.com may have to suspend the operation of the Website from time to time for maintenance and required upgrades. You agree that such changes may result in you being unable to access the Website for a period of time and that motorbikeauctioneers.com shall in no way be liable for any loss, claim, damages or other liability suffered to you as a result of you being unable to access this site in accordance with clause 12.1.
13.1 The Website including but not limited to text, content, software, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks, and other material and other content is protected by copyright, database rights, trademarks and/or other similar intellectual property rights, the ownership of which resides with motorbikeauctioneers.com, which is either owned by motorbikeauctioneers.com or licensed to it by third parties (Intellectual Property). 13.2 You will not acquire any rights or licences in or to the Intellectual Property on the Website.
13.3 You may not copy, reproduce, recompile, decompile, disassemble, reverse, engineer, distribute, publish, display, perform, modify, download, to create derivative work from transmitted communicative or any other way to exploit any part of the Website and/or the content.
13.4 Downloading the content is permitted by motorbikeauctioneers.com provided that:
a) You make no more than one printed copy of such download and no further copies of such printed copies are made;
b) You retain on such downloads and/or printed copies all copyright notices and shall remain bound by the terms of such wording and notices.
13.5 You agree that motorbikeauctioneers.com may use copy, reproduce, distribute, adapt, load, execute, store, transmit, communicate, display, maintain, enhance any data/information you provide to it subject to compliance with fair collection notices and with the Data Protection Act 1998 generally.
14.1 Any notice shall be given by email to the email address provided on the registration form or such other address as is provided by you to motorbikeauctioneers.com.
14.2 Notice shall be deemed to have been given 48 hours after sending of the email unless the sender receives a response indicating that the message was undeliverable in which case the e-mail is deemed not to have been delivered.
14.3 In the event that an email failed to be delivered in accordance with clause 14.2 all notices shall be sent to the parties registered office address (if applicable) or last known postal address for correspondence.
You may not assign your rights or delegate your duties under these Terms.
16.1 No agency, partnership, joint venture or employee/employer relationship is intended or created by these Terms.
16.2 You agree that motorbikeauctioneers.com provides an auction website (the Website) and shall in no way be a party to the contract for the sale or purchase of the Goods by any member and furthermore motorbikeauctioneers.com shall under no circumstances be liable for any representation made on the Website.
No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law by motorbikeauctioneers.com constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof.
If any provision in these terms and conditions is held by any competent authority to be invalid or unenforceable, in whole or in part, the validity of the other provisions, and the remainder of the provision in question, shall not be affected.
A person who is not a party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these Terms.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts.
21.1 These Terms, together with the documents referred to in it, constitutes the entire agreement and understanding between the parties in respect of the matters dealt within them and supersedes any previous agreement between the parties or any of them relating to such matters.
21.2 You acknowledge that by agreeing to these Terms, and any of the documents referred to in it, that you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) other than as expressly set out in these Terms as a warranty. The only remedy available to either party in respect of any such statement, representation, warranty or understanding shall be for breach of contract.