RADCLIFFE CAR AUCTIONS (hereinafter called the company)

Terms of business and conditions of sale effective from 1st January 1991:

1. An application Form for the entry must be signed by the vendor.  The entry is accepted also subject to these Terms of Business.  The Company reserves the right (a) to increase a vendor's reserve, (b) to refuse to offer a vehicle for sale, whether before or after the same has been examined by the Company's Engineers, (c) to withhold the offering for sale of any vehicle for a reasonable period not exceeding 14 days. (d) To sell any vehicle either by Auction or Private Treaty.

2. The Registration Book of a mechanically propelled vehicle, together with the Ministry of Transport Test Certificate if applicable, shall be handed over with the completed Application Form.  Should the vehicle referred to on the Application Form not have a Registration Book applicable to that vehicle, and the Company agrees to sell the vehicle for the vendor without the Registration Book and no undertaking is given or implied by the Company that the Registration Book will be obtainable and the purchaser must accept and pay for their purchase on this understanding.

3.Should a vehicle fail to reach the reserve price in the open market, the Company shall have the first right to purchase the vehicle at the reserve price less the fees stated in the Company's terms and conditions of business and conditions of sale no 19.Before so doing the Company shall publicly announce on the day of the Sale that such purchase is being made by the Company, and those present shall be given ample opportunity to purchase the vehicle at the reserve price or at the price in excess of the reserve price as offered by the Company.  The Company can be called upon by the Vendor to give satisfactory proof that the price at which the Company bought the vehicle was the market value at the time.

4.The Company shall have a lien on the vehicle for all monies due to the Company whether in respect of the sale price of the vehicle, transportation fees, storage charges or otherwise.

5. The Company reserves the right to bid on behalf of the vendor and to refuse any bid.

6. If a reserve price is not stated in the place provided in the entry form, the vehicle will be sold without reserve.

7. Owners of vehicles leave them at their own risk and no responsibility is accepted for loss by fire, enemy action, damage by frost or other cause whilst the vehicle remains on the premises .Vehicles demonstrated to prospective buyers are run at Owners risk, unless otherwise agreed in writing. 

8. If the vendor enters a vehicle for sale and then sells it by private treaty either on or off the Company's premises on the day of Sale without the Company's consent to any purchaser attending the Company's premises on the Sale day, fees shall be payable to the Company at the rate stated in the Company's Terms of Business and Conditions of Sale, such fees to be paid by the vendor or the purchaser at the option of the Company.

9. A vehicle accepted for sale shall not be released from the premises until it has been offered for sale by the Company and the Company's pass-out has been issued.  The Company reserve the right to withhold an unsold vehicle so that it can be re-offered later the same day.

10. Payment to the vendor of the sale price less the fees due will be made by the Company's crossed cheque.

11. All vehicles purchased by Auction must be collected by mid-day on the following day.  A charge of £12.00 per day for hard standing open storage will be incurred after this time.

12. A vehicle which has been imported or rebuilt or is ex-Government, ex-Ministry, ex-Police or has been re-registered must be described as such by the vendor on the Application Form.

13. Neither a vendor nor a purchaser may take advantage of any error or mistake appearing  in the literature, catalogues, price lists, or any other information referring to vehicles, or of a vehicle being sold earlier than had been published, nor shall the Company be liable for any such error or mistake.

14. If a car purchased is found to be on Hire Purchase prior to the transaction, the Company reserve the right to recall the car and the monies paid, or to discharge the amount owning, and give the purchaser full title to the car.  The company do not accept any liability for any legal costs that may arise.

15. On the sale of any vehicle the contract shall be deemed to be one solely between the person or firm signing the entry form in respect of such vehicle and the Purchaser and such person or firm shall have no legal right of action except against each other in respect of any cause or matter arising out of the sale.

16. All vehicles purchased at Radcliffe Car Auction are sold as seen, without warranty and are deemed to be unroadworthy.

17 (a) The highest bidder for each vehicle shall be the purchaser thereof and in the event of any dispute arising as to any bidding the vehicle in respect of which the dispute arises shall immediately be put up for sale again at the last undisputed bidding or the dispute may be determined by the Auctioneer.

17 (b) The Auctioneer may be without giving any reason therefore refuse to accept the bidding of any person or persons.

18. THE COMPANY CHARGES AND FEES. Entry Fee £25.00 +. VAT for two sales.  Thereinafter storage charges £30.00 per week.  On any one vehicle sold by auction the selling commission is 10% with a minimum of £35.00 on the first £100.00 or any part thereof.  If a vehicle is sold by Auction the Vendor will receive the selling price less the charges.  

19. The vendor must agree with the Company's decision in the event of any claim arising out of the sale of the vehicle or agree for the sale to be cancelled.

20. The purchase price shall be paid on the day of the sale before the vehicle is removed and such purchase money shall be held by the Company as stakeholder and not as agent until paid to the Vendor.  The Auctioneer is entitled to demand on the fall of the hammer ten per cent of the purchase price in cash with a minimum of TWO HUNDRED Pounds, the Purchaser of each vehicle shall in addition to any demand for a deposit give in his name and address (if required) to the Auctioneer.  If any Purchaser fails to comply with any of these conditions the vehicle in respect of which such failure is made may, if the Auctioneer thinks fit, be put up again and resold.  If upon such re-sale a lower price is obtained for any such vehicles than was obtained on the first sale the difference in price shall be a debt due from Purchaser in default upon the first sale.

21. Each vehicle shall be at the Purchaser's risk from the fall of the hammer and a purchaser shall make arrangements satisfactory to the Company before or on the day of the Sale to pay for any vehicle before it can be released from the Company's premises. 

22. Upon failure to comply with the above conditions any more money deposited by a Purchaser in part payment shall be forfeited to the owner of the vehicle he paying there out all just expenses in accordance with these conditions and the vehicle shall be re-sold by public or private sale and the deficiency (if any) arising upon re-sale together with the expenses thereof shall be made good by the defaulter at this sale. 

23. All vehicles are sold on the understanding that they will not be put on the road until they have been put into such a condition that both by reason of its construction and of the state of its brakes, steering, gear, tyres and lighting equipment, it may be lawfully used upon the road.

24. The Company having effected a Policy of Indemnity providing for the payment of the net loss incurred (exclusive of any profit or anticipated profit in sale though the selling by them of any Motor Vehicle in respect of which it is subsequently found that the title of the Vendor to sell such Motor Vehicle was defective (subject to a maximum payment of £2,000 in respect of any one claim) it is a Condition of the sale of any vehicle that the Purchaser shall.  Immediately after the sale pay to the Auctioneers the sum of £65.00 up to the value of £999.£75.00 up to the value of £1999, £85.00 up to the value of £2999,£95.00 up to the value of £3999,£105.00 up to the value of £4999,£155.00 to the value of £5000+ which will be valid for 30 days from purchase date for each vehicle purchased as a premium for the said indemnity the benefit of which will then pass to the Purchaser.  This condition in no way releases the vendor of any vehicle from liability to the Auctioneers Purchaser and /or their Assigns including liability in respect of any breach warranty expressed or implied statutory or otherwise as to the Vendor's title to and right to sell the said vehicle.  This condition shall not affect Condition No.15 hereof precluding any right of action by the Purchaser against Radcliffe Car Auctions and shall not be liable at all for any sums beyond the said limit of £2,000.