Auctioneers’ conditions of sale
In these conditions the following will have the following
“Appropriate Vehicle” means the vehicle which complies with
the conditions specified in paragraph “10” of the Regulations.
“Bidder” means a prospective Purchaser who has provided the
Auctioneer with a properly completed DVLA Timed Online Auction application and
who has been issued with a Bidder’s Number by the Auctioneer.
“Bidder’s Number” means the number allocated by the Auctioneer
to each prospective Purchaser who has made an application for such as Bidder’s
“Certificate” means the Certificate of Entitlement in
relation to the Relevant Right to be issued by the Vendor to the Purchaser
following payment in full in accordance with the conditions.
“DVLA” means the Driver and Vehicle Licensing Agency, an
executive agency of the Department for Transport, with responsibility for
(among other things) the registration and licensing of vehicles in the United
“Lot” means in each case the Relevant Right to be acquired
by the Purchaser from the Vendor relating to the registration mark in such Lot
by the Auctioneer.
“Purchaser” means the highest bidder, or the person declared
by the Auctioneer as being the Purchaser.
“Regulations” means the Sale of Registration Marks
“Relevant Right” means a right acquired by the Purchaser
from the Vendor to have assigned to an Appropriate Vehicle registered in the
name of the Purchaser or a person nominated by him a registration number in
accordance with the Regulations.
“Sale” means sale by auction.
“Schedule” means a Schedule to the Sale of Registration
Marks Regulations 1995.
“Working Day” means Monday to Friday, excluding any bank or
public holidays in England and Wales.
1. These conditions shall apply to all lots sold by British
Car Auctions Limited (hereinafter called “the Auctioneer”) as selling agent for
the Secretary of State for Transport (hereinafter called “the Vendor”) and
shall be binding for every Purchaser and the Vendor.
2. The Vendor reserves the right to fix a reserve or minimum
bid price for any Lot. The reserve price is the starting price shown in the
catalogue and on the website.
3. The Vendor reserves the right to withdraw from Sale at
any time and without giving any reason for doing so any Lots advertised or
catalogued to be offered for sale.
4. The Auctioneer reserve the right to withdraw any Lot from
Sale, or refuse to take any bid, without explanation even though the Sale may be
in progress and the Lot is above reserve.
5. No Relevant Right may be transferred by any Purchaser or
where relevant their nominee unless under the Regulations.
6. The Auctioneer cannot accept responsibility for the late
arrival and/ or non-arrival of the auction catalogue.
7. The Auctioneer will not be held responsible for any
consequences following a “force majeure” leading to the cancellation,
postponement or partial completion of an auction.
8. DVLA and the Auctioneer reserve the right to use any
details regarding the auction for promotional purposes without revealing the
identity of the Purchaser.
9. The Auctioneer will provide to the DVLA details of all
the transactions including but not limited to the name and address of the
Purchaser and the purchase price paid for the Relevant Right. The DVLA reserves
the right to publish the purchase price details provided to it by the
Auctioneer in any format it deems fit and the Purchaser hereby agrees to such
10. Any person who makes a bid at the auction regardless of
whether or not they have completed a DVLA Timed Auction application will be
deemed to have accepted these terms and conditions.
11. The Auctioneer and DVLA at their discretion, reserve the
right to refuse entry to the DVLA Timed Online Auction.
12. All Bidders must be over 18 years of age and shall apply
to the Auctioneer for a Bidder’s Number. Prospective Purchasers must complete
the DVLA Timed Online Auction Application relevant to the appropriate auction
catalogue or online. The Auctioneer reserves the right to refuse an application
to register as a Bidder if the applicant completes a DVLA Timed Online Auction
Application not relevant to the appropriate auction and/ or has a history of
late or non-payment relating to the purchase of registrations from the DVLA.
13. The Auctioneer reserves the right to carry out any
appropriate financial checks on an individual, business or company to determine
the financial standing of the individual, business or company making the
application as Purchaser.
14. No bids will be accepted unless the bidder has first
completed and delivered to the Auctioneer a DVLA Timed Online Auction
application prior to the Timed Online Auction deadline.
15. The Auctioneer will not start the bidding below the
published reserve or minimum bid price. Once placed, bids cannot be cancelled.
16. The Auctioneer must receive bids before the published
deadline (or “End Time”).
17. The “End Time” may be extended by the Auctioneer at any
time and will be displayed on the website.
18. The “End Time” will be based on the Auctioneer’s server
19. The successful bidder will be the highest bid received
by the Auctioneer for each lot before the deadline.
20. Each lot will be sold to the successful bidder for the
amount of their winning bid and not less. No negotiations will be entered into.
21. Any dispute as to any bid shall be settled by the
Auctioneer in their absolute discretion.
22. Every bidder shall be deemed to act as Purchaser unless they
confirm that they are acting as agent and provides the name and address of his
Purchaser to the Auctioneer in accordance with condition 30. Registrations that
do not attract a bid will be declared as unsold by the Auctioneer. Such
registrations will not subsequently be offered for sale by private treaty. The
Vendor may choose to offer such registrations by some other means without prior
23. Bids will be accepted only from Bidders who have
registered with the Auctioneer. The Auctioneer, nevertheless, have absolute
discretion to refuse any bid without giving a reason. A deposit will be
required to increase your set bidding limit.
24. Immediately on the sale of a lot a legally binding
contract shall be deemed to have been formed between the Purchaser and the
25. The Auctioneer shall not be held responsible for any
loss of communication or connection between a Bidders’ internet system and that
of the Auctioneer, however caused.
26. The Auctioneer do not accept any responsibility for the
mis-use of your log in details.
27. 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
28. 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.
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) their nominee (nor any other party) shall
have any legal right of action against the Auctioneer in respect of any cause
or matter arisen out of the sale.
30. The Purchaser, if, they are acting for a named Company
and wishes that person to be named as the Purchaser (for the purposes of the
Regulations) on the Certificate of Entitlement, and/or 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 they are acting as Purchaser and wishes to nominate some other
person as their nominee (in accordance with the Regulations) must provide the
Auctioneer 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 their nominee before making payment or
within 5 Working Days after the auction, whichever is the sooner.
31. Both the agent and Purchaser are equally and severally
responsible for payment.
32. Customers who have bid online will be sent an email
showing the outstanding balance. Payment of the outstanding balance must be
made in full within 5 Working Days from the close of the auction. After 5
Working Days, any deposits held by the Auctioneer on behalf of a bidder will be
allocated as part-payment towards their successful purchase(s). 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
34. The Purchaser shall pay to the Auctioneer on making
payment for the Lot, a premium of 7% 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 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.
36. 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.
37. If the price of any Lot and any other payment due is not
paid in full the Auctioneer/Vendor reserve the right to pursue the Purchaser
and legal action will be taken to recover the full or outstanding balance
38. If a Purchaser buys more than one Lot they must have
paid for them in full before Certificates will be issued in respect of any of
39. 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 Auctioneer by the Purchaser on the day of
40. On the sale of a 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, DVLA and the Auctioneer have complete discretion and reserve the right
to recover the amount owing to them and/or deal with the matter in any way they
see fit. In the event of late payment, DVLA and the Auctioneer retain the right
to add a special service charge of £50 per unpaid Lot on the eleventh (11th)
Working Day after the auction and every week thereafter.
41. 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:
a. 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.
b. To charge interest on the purchase price at 5% per annum
above the Bank’s base lending rate 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.
c. To deduct from any part payments or deposits already
paid, the interest payable, buyer’s premium and a service charge of £200, per
lot, in the event of non-payment.
d. To sell any other property in the Auctioneer 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.
e. 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.
f. 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.
g. 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) on a full indemnity basis together
with any interest thereon at a rate of 5% per annum above the bank base lending
rate to the date upon which the seller becomes liable to pay such costs or
incurs such expenses or suffers such losses.
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43. Timed online auctions are conducted under Consumer
Contracts (Information, Cancellation and Additional Charges) Regulations 2013