1. These conditions shall apply to all vehicles entered for sale and to all vehicles sold by CVA Ltd (hereafter called ‘The Auctioneers’) and shall be binding upon every Vendor and every Purchaser.

2. No vehicle will be accepted for sale unless the appropriate entry form has been fully completed and the entry fee paid. The registration book and test certificate where applicable must also be handed to the Auctioneers and payment for the vehicle will be held until this is produced. The particulars given on the entry form and the description of the vehicle contained therein form the basis of the contract between the Vendors and the Auctioneers and the Auctioneers shall not be liable to account to the Vendor for any loss which may arise through the use of such particulars or description in any sale.

3. The Auctioneers shall be entitled to a commission on the price at which the vehicle is sold in accordance with the published scale of charges. The commission will be payable by the Vendor at the time of sale. If any vehicle is entered for sale and sold by the owner or his Agent to any person attending the sale, that sale shall be deemed to have been effected by the Auctioneers as Agent for the owner, and full commission will be payable.

4. If a reserve price is not stated in the appropriate place on the entry form, the vehicle will be sold without reserve. An entry form bearing the words NETT OR CLEAR will be construed by the Auctioneers to indicate authority to sell at the price stated on the form. Vehicles will not be released until they have been through the saleroom or the Auctioneers have ceased selling for the day.

5. Subject to Clause 12 all vehicles must be removed by the Vendor or Purchaser, as the case may be, before 5.00pm on the next working day following the sale, in default of this storage will be charged in accordance with the published scale of charges. The Auctioneers reserve the right to re-offer any unsold vehicles remaining on the premises and to deduct any charges arising there from.

6. Vehicles sent to the Auctioneers for sale and left on the premises are so left at the Vendors risk up to the time of sale and the Purchasers risk thereafter. The Auctioneers accept no responsibility for loss or damage no matter how arising, and if vehicles are demonstrated to prospective purchasers they are run at the Vendors risk.

7. The highest bidder shall be the purchaser subject to the Auctioneer having the right to take, or refuse, any bid and if any dispute shall arise between two or more bidders the Lot so in dispute may be immediately put up again for sale at the last undisputed bidding, or the Auctioneer may declare which bidder he thinks proper to be the Purchaser. The Auctioneer reserves the right to determine the amount of advance of each bid. If the Vendor reserves the right to bid, it is subject to such right being exercised only by and at the discretion of the Auctioneer as the vendors agent.

8. The Auctioneers reserve the right to sell by Private Treaty at the reserve price or such other price as may be agreed by the Vendor any vehicle which has failed to sell by Auction. Commission shall be payable by the Vendor in accordance with the provisions of Condition 3 hereof.

9. All vehicles are sold without warranty, it shall be implied that they are sold with all faults, imperfections and errors of description and the purchaser shall have no right to return the vehicle to claim damages, or to any other remedy of whatsoever nature.

10. On the sale of any vehicle the contract shall be deemed to have been made between the Vendor and the Purchaser and neither the Vendor nor the Purchaser shall have any legal right of action against the Auctioneers in respect of any cause or matter arising out of the sale.

11. Where a vehicle is purchased which does not comply with the Road Traffic Acts and the Motor Vehicle (Construction and Use) Regulations or any subsequent amendments thereto, the Purchaser shall not remove it from the Auctioneers premises under its own power. Every vehicle is sold on the understanding that it will not be used on a road within the United Kingdom until it has been put into such condition that it may lawfully be so used, Where a vehicle is purchased which does not comply with the Health and Safety at Work etc. Act 1974, or any other Act or Acts or Regulations, purchasers are required to ensure that the use of any such vehicle at a place of work within the United Kingdom does not contravene such relevant Act or Regulations there under applicable thereto.

12. Immediately a sale of a vehicle is completed the Purchaser shall give his name and address to the Auctioneers. He shall pay for the vehicle in full, or at the option of the Auctioneer, shall pay a deposit and the balance before the vehicle is removed. If a Purchaser buys more than one vehicle he must have paid for them in full before any one vehicle can be removed. Not with standing Clause 5, a payment by cheque will not confer upon the Purchaser a right to remove the vehicle until the cheque has been cleared and will not until clearance be deemed to constitute a payment within the meaning of these conditions. All vehicles shall be paid for not later than 5.00pm on the next working day following the sale. If any vehicle is not paid for by that time any deposit will be forfeited and the vehicle resold without notice to the Purchaser. Any charges or loss incurred on any resale will be payable by the original defaulting Purchaser.

13. No vehicle may be transferred from a Purchaser to a Sub-Purchaser.

14. Not withstanding Condition 10 hereof, but without prejudice thereto, every Purchaser shall pay to the Auctioneers a service charge at the rate published at the time of auction, to be paid when the vehicle is paid for.

15. Where any Lot or Lots sold are found to be subject to Hire Purchase or Leasing Agreement, the Auctioneers reserve the right to discharge the existing liability to the Finance Company concerned remitting the balance, if any, to the Vendor on receipt of a Clearance Note form the Finance Company.

16. The Auctioneers reserve the right to refuse to accept for sale any vehicle if they consider the reserve price to the unreasonable.

17. The word:

• a) Vendor used in these conditions shall include the owner of the vehicle, his authorised agent, and any other person offering the vehicle to the Auctioneers for sale whether he be authorised by the owner or not.
• b) Purchaser used in these conditions shall include the person to whom the vehicle is sold by private treaty, the highest bidder, the person declared by the Auctioneers as being the purchaser and if any of the aforesaid persons are acting for a principal, the principal himself.
• c) Sale used in these conditions shall include sale by private treaty as well as by auction.
• d) Vehicle used in these conditions shall include all Motor vehicles, Motor Cycles, Trailers, items of Plant, Machinery and spares entered for sale, whether by Public Auction or by Private Treaty.
• e) Auctioneer or Auctioneers means Commercial Vehicles Auction Ltd

18. In the operation of the Auction Sales it is necessary for there to be several moving vehicles at any one time. Customers & The General Public are required to take the necessary precautions to ensure their own safety while on the Auction Premises.

19. Children under the age of 14 are allowed onsite only under the supervision of an accompanying adult. The adult must take responsible care of the child at all times to ensure the child and their own safety. Children only have access to the main Auction Centre at any time and under no circumstances must children have access to the Vehicle Compound or be within close proximity of moving vehicles.