Terms & Conditions
These Terms & Conditions set out the basis upon which we, Central Car Auctions Limited ("Auctioneers"), carry out our auction events and therefore apply to all sellers, bidders and/or buyers at any of our auctions.
By submitting an item for sale, bidding for an item or purchasing an item you are agreeing to be bound by these Terms & Conditions.
It is important to recognise that in making a bid, this may result in you becoming liable to purchase the relevant lot as the ultimate buyer, as any bid, once made, may only be withdrawn at the Auctioneers' discretion and with the consent of the seller.
- Each lot shall be sold to the highest bidder and in the event of any dispute between bidders regarding any lot, the Auctioneers may make a decision as to which party is the successful bidder or such lot may be re-exposed for sale all at the Auctioneers' discretion.
- The Auctioneers reserve the right to refuse the bid of any person and that without any reason. The Auctioneers reserve the right to bid as agent for any prospective buyer and further reserve to themselves the right to regulate the bidding and the conduct of the sale. Their decision on all matters affecting the sale shall be final and binding.
- The bidder of the highest bid accepted by the Auctioneers for any lot shall be bound to complete the purchase of the lot at such bid price (together with any relevant buyer's premium referred to at Condition 24 below) unless:
- the Auctioneers and the seller agree otherwise at their discretion; or
- where the highest bid is below any reserve price, the seller requires the lot to be withdrawn; or
- the Auctioneers at their discretion allow the highest bidder to nominate another bidder to be the purchaser.
- Each lot will be sold without reserve unless the owner of the lot intimates to the Auctioneers, before bidding commences, that he wishes an agreed reserve price placed upon the lot. By submitting a lot for auction, the seller agrees to pay the seller's fee as notified by the Auctioneers from time to time and warrants to the Auctioneers that it has the authority and right to submit the vehicle for auction.
- All purchasers of lots shall give their names and addresses and, if required by the Auctioneers, shall immediately pay the full bid price together with any relevant buyer's premium as referred to at Condition 24 (or such lesser amount as the Auctioneers in their discretion require). Any credit/debit card or similar charges will also be payable. Where full payment is not required, the balance shall be due and payable as the Auctioneers require. The Auctioneers shall be under no obligation to the seller to seek full payment of the price, but if the Auctioneers do not exercise their right of forfeit under Condition 9 below or any part of the price is unpaid when due, interest may be applied at the rate of 6% per annum above the base rate from time to time of The Royal Bank of Scotland plc and the Auctioneers may apply an administration charge.
- The Auctioneers shall have the right to sue for the price of any lot or any expenses incurred by them in connection with any lot at their own instance without the consent of the seller or consignor of the lot.
- The risk of each lot shall remain with the owner until the risk passes to the purchaser on the sale (by completion of the bidding process) of the lot. Title shall not pass until payment of all amounts referred to in Condition 5. The Auctioneers will not be responsible for the loss of any lot or article or of any part or accessory thereof entrusted to them for sale and further the Auctioneers will not be responsible for the loss or any injury or damage sustained or done to such lot or article or any part thereof or accessory thereto from whatever cause.
- Both the purchaser and the seller acknowledge and agree that the Auctioneers are providing only an auction service and have no responsibility for, nor liability in respect of, the condition or title of any vehicle auctioned or any liability arising from or relating to the purchase or use of such vehicle except as expressly stated otherwise in these Conditions.
- In the event of a purchaser neglecting or failing to comply with any of the conditions of sale, any payment of any part of the price made by such a purchaser under Condition 5 may at the Auctioneers' discretion be forfeited and the item sold will revert to the seller. The lot thereafter may be re-sold by Public Roup or Private Sale and the defaulting purchaser shall pay to the seller and/or the Auctioneers any loss or damage sustained as a result of such a resale. Such resale will be considered as a new sale for which the Auctioneers will be entitled to be paid commission by the seller and the original buyer will be required to reimburse to the Auctioneers the commission and any buyer's premium they would have received on the original sale had it proceeded. The Auctioneers will be entitled without consent of the owner to sue for the loss and expense of the Auctioneers incurred in connection with such resale.
- Unless agreed otherwise with the Auctioneers, any lot purchased or failing to sell or being withdrawn from sale shall be removed from the Auctioneers' premises at the risk and cost of the purchaser (where the lot is purchased) or, otherwise, the seller, immediately following the auction. Where any item is not so removed, the vehicle will be at the purchaser's (or seller's as the case may be) risk and the Auctioneers shall be entitled, at their discretion, to apply storage charges at their standard rate from time to time.
- The warranty given with any lot shall be exclusively that intimated by the Auctioneers at the time of the sale and is given by the Auctioneers solely as agent for and on behalf of the seller. The Auctioneers shall not be liable for such warranty so expressed and shall not be liable to be called as a party to an action between the seller and the purchaser. The seller shall indemnify the Auctioneers from all liability arising from any such claim.
- A purchaser objecting to any lot as not complying with warranty must intimate to the Auctioneers such objections in writing no later than 10am on the next business day in the case of a patent breach and within 48 hours of becoming aware of any latent breach. Any claim under warranty must be intimated to the Auctioneers' office and, if requested, the purchaser shall return any lot which he claims to be non-compliant to warranty to the Auctioneers free of any charge, before the time stated.
- If any sum is due to the Auctioneers by an owner (whether purchaser or seller of any vehicle), the Auctioneers reserve the right to exercise a lien over relevant vehicles until all such payments are made.
- In the event of a disagreement between buyer and seller regarding the mechanical condition or age or conformity to any alleged warranty of any lot, the Auctioneers may appoint a qualified person to test the lot and the report of such person shall be final and binding on all parties. The expense of such test shall be borne by the party whose position is not upheld by the qualified person.
- In the event of a dispute the remedy of a purchaser shall be against the seller only; the Auctioneers will be regarded as agents for a disclosed principal and under no circumstances be held liable. The seller will indemnify the Auctioneers from and against any liability or loss they suffer or incur.
- Any undertaking by the Auctioneers or their employees to take charge of any lot or lots after the sale or to despatch them to their destination on the instruction of the owner and/or the buyer shall be solely at the risk and cost of such an owner or buyer (as appropriate) and shall impose no legal obligation on the Auctioneers.
- Notwithstanding that any lot is returned and requires to be taken back by the seller, the seller shall pay to the Auctioneers the commission as if the sale had been completed and in the case of material and/or wilful breach of warranty (of which the Auctioneer shall be the sole and final judge) double the usual commission shall be due and payable and such commission shall be paid by the seller before the lot is delivered back as an additional administration fee.
- If no objection is taken to the sale of any lot and the Auctioneers have received the price, the seller shall be entitled to be paid such price under deduction of any commission due to the Auctioneers within 3 days after the sale.
- The Auctioneers' commission as provided for in these conditions of Sale shall be payable by the owner on all vehicles or lots brought to the sale whether sold by the Auctioneers publicly or privately. Said commission will also be payable if such vehicle or lot is sold privately by the owner to any person present at the auction within 48 hours after the auction.
- The Auctioneers do not guarantee that any lot for the sale shall be brought forward and further the Auctioneers accept no responsibility for the expense or loss on resale of any purchase bought.
- The Auctioneers are under no obligation to supply Registration Documents, DoT Certificates, Plating Certificates or any other certificates or documentation relating to any vehicle on the day of the sale, but where these are held by the Auctioneers, they shall be delivered to the purchaser on payment of all sums payable under Condition 5 unless stated otherwise. Otherwise, the production of all such items is the responsibility of the seller.
- The Auctioneers must be notified by the seller of any vehicle at the time of entry if such vehicle is subject to an outstanding Hire Purchase agreement.
- The mileage recorded on the milometer of any vehicle is only warranted if specially stated by the Auctioneers at the time of sale. Any such warranty given by the Auctioneers is given on behalf of the seller.
- It is a condition of sale that the purchaser shall pay in addition to the purchase price in respect of each vehicle purchased the variable private buyer's premium displayed at main reception area or on the Auctioneers' website on the day of the sale and subject to VAT at current rate.
- Subject to and conditional upon such payment under Condition 24 being made on time, in the event that the purchaser establishes to the Auctioneers' reasonable satisfaction within 6 months of purchase that the vehicle at the time of sale was (a) stolen, (b) subject to an outstanding hire purchase agreement or (c) had been the subject of a total loss claim which was not disclosed at the time of sale, on return of the vehicle, the Auctioneers will reimburse all loss incurred by the purchaser subject to a maximum of an amount equal to the price paid by purchaser for the vehicle. This condition shall not operate to release the seller from liability to the purchaser or his assigns in respect of any warranty or condition, express or implied, statutory or otherwise as to the seller's title to and right to sell the vehicle. All such payments are subject to VAT at current rate.
- If the Auctioneers make any payment to the purchaser under Condition 25 above, the seller of the relevant vehicle will indemnify the Auctioneers against such payment and all other liability arising from the purchaser's claim.
- A Company Direct, Main Agent Direct or no Guarantee. Any vehicle sold under any of the above descriptions is sold without any guarantee whatsoever, including insurance total loss vehicles. It is the responsibility of the buyer to ensure that a vehicle sold without warranty is in a roadworthy condition before using such a vehicle on a public road.
- If the entry form discloses that the vehicle has been treated by an insurance company as a total loss the Auctioneers will make an announcement to the effect that the vehicle has or was treated as a total loss.
- Whilst every effort has been taken to ensure information contained within all banner, website, social media, LiveBid, App and within all other print & digital mediums is correct at time of publication, we must express that it is the sole responsibility of the buyer to satisfy themselves that all the information is correct and understood. The Auctioneers will not accept responsibility for errors contained within the aforementioned media - all of which are for guidance only, with all vehicles sold on the Auctioneers' description.
- Where any prospective purchaser is bidding (directly or indirectly) by telephone, website or other remote means, the Auctioneers do not guarantee continued access to bid by such means and are not liable in any way for such bid not being registered or otherwise not accepted due to any breakdown in the method of bidding.
- These terms and conditions and any contract (including any contract of sale arising from the auction process) are governed by and are to be construed in accordance with Scottish law and any relevant seller, bidder or buyer agrees by becoming bound by these Terms and Conditions that the courts of Scotland shall have exclusive jurisdiction to settle any matter arising from their application.