Auction Xchange - Terms & Conditions
All Lots are sold ‘as they lie' with all faults and imperfections and errors of description. The absence of any reference to the condition of a Lot does not imply that the Lot is free from faults, imperfections and restorations. Images in the online catalogues are for identification only. Auction Xchange will not be held responsible for any damage or defect that has not been notified to the Buyer. Buyers must satisfy themselves prior to sale as to the condition of each Lot and should exercise and rely on their own judgment as to whether the Lot accords with its description. Prospective Buyers bid on the understanding that, inevitably, representations or statements by Auction Xchange as to authorship, genuineness, origin, date, age, provenance, or condition involve matters of opinion. Neither Auction Xchange nor our employees or agents nor the Seller accept liability for the correctness of such opinions. No oral or written representation made prior to or at the time of sale of any Lot shall be deemed to be a representation of fact and Auction Xchange undertakes no obligation or duty (whether in contract or tort or otherwise) in respect of the accuracy or completeness of any statement or representation made by Auction Xchange or on Auction Xchange's behalf which is in any way descriptive of any Lot. No such oral or written representations shall be deemed to be incorporated into such sale nor to have induced any potential buyer to bid.
Any estimates, Advised Minimum Values (AMVs) and Reserves provided in respect of a Lot are only an expression of Auction Xchange's opinion made on behalf of the Seller of the range where Auction Xchange thinks the minimum Hammer Price for the Lot is likely to fall; it is not an estimate
of value. It does not take into account any VAT or Buyer Premium payable. Lots can in fact sell for Hammer Prices below and above the AMVs and Reserves. Any AMV and Reserve should not be relied on as an indication of the actual selling price or value of a Lot.
Auction Xchange conducts Public Auctions & NOT consumer or retail sales. Lots include: used, unused, ex-display, returns & damaged property which are SOLD AS SEEN with NO guarantees, warranties or returns on purchases. Consequently Public Viewing is available & recommended. The Buyer acknowledges that a sale by auction IS NOT a consumer sale for the purposes of the Sale of Goods and Supply of Services Act, 1980 (as amended by the Sale of Goods Act, 1893) and the Buyer shall not seek to rely upon any conditions or warranties implied thereby or by any other legislation. All lots are Sold as Seen with no guarantees and include second-hand items, salvage, raw returns, ex-display, repossessed and seized goods. Lots whilst they may not have been used before are not sold as NEW.No warranty (written or oral) or other term (whether express or implied and whether implied by statute, common law, custom or otherwise) as to the age, correctness of any, suitability, fitness for purpose, or satisfactory quality of the Lot is given by Auction Xchange, their servants or agents or by any Seller to any Buyer in respect of any lot, and any express or implied conditions or warranties are excluded to the fullest extent permitted by law. For the avoidance of doubt, the Lots are not sold by sample, and the Buyer shall be deemed to have inspected the Lot(s) he/she buys. Neither the vendor, nor the auctioneer accept any responsibility for duties (if any) by the Health & Safety Act 1974 and/or any other statutory provision and the buyer accepts responsibility for ensuring that the requirements of any such statutory provision are complied with. Auction Xchange shall not in any circumstances be obliged to announce any reserve price. Private treaty sales made under these Terms are deemed to be sales by auction for purposes of consumer legislation.
All participants in the Website auctions warrant that they are legally capable of entering into binding contracts, and are of the legal age required to purchase any relevant Good(s)."Buyer Number" means the Buyer Number utilised by a potential buyer participating in an auction. This Buyer Number is generated via Online Registration. "Buyer" shall mean the maker of the bid accepted by Auction Xchange whether on the fall of the hammer (when the Hammer Price is achieved) or by private treaty sale."Buyer Commission" refers to the premium of 20% + VAT which is incurred on the Hammer Price of all Lots (as specified by the Total Cost Calculator detailed on every online Lot & in the online Buyers Guide).
Without prejudice to any other of their rights set out in these Terms, Auction Xchange has absolute discretion without giving any reason to refuse any bid, to withdraw any Lot before the hammer falls, to divide any Lot, to combine any two or more Lots, or to withdraw any Lot and/or Lots from the auction. Auction Xchange is not bound to accept any offer. Every bidder shall be deemed to act as principal. Any disputes in relation to the bidding, or following the attainment of the Hammer Price in relation to what bids were made by who shall be referred to Auction Xchange for decision. For the avoidance of doubt, Auction Xchange shall have absolute discretion to cancel the contract of sale and to re-auction the Lot (which is the subject of any dispute) either during the same or a subsequent auction, and, in all cases, Auction Xchange's decision in respect of any such dispute (for which no justification or reasons shall be required) will be final. In the event that Auction Xchange exercises the discretion to cancel the contract, neither the original Buyer nor the Seller shall be entitled to rely on the original contract of sale for any purpose whatsoever. Auction Xchange reserves the right to turn away any potential sellers and/or buyers who do not present appropriate identification / minimum deposit upon reasonable request. Persons attend auctions viewings and auctions at their own risk. Auction Xchange shall have the right, at its discretion, to refuse admission to the Premises or attendance at the auctions by any person.
During an auction, potential Buyers can bid for a Lot by clicking the "Max Bid" button. Each bid shall be final and binding as soon as the Bid button is clicked. Buyers acknowledge that the online auction is a live auction and agree that each bid submitted as provided in these Terms is irrevocable and cannot be amended or corrected, even if submitted in error and notified to Auction Xchange. Buyers are fully liable for all bids submitted via their online bidding account (including the liability to pay in full and on time in accordance with these Terms for any Lot that is the subject of a successful bid submitted from the Buyer's account). Auction Xchange provide the online bidding service "as is" and without any warranty or condition, express, implied or statutory. Without limiting the foregoing, we accept no liability for any failures, delays or errors caused by interruptions in the availability of the online bidding service or our website or any errors or defects in their content or functionality, any software and/or hardware defects (whether the potential Buyers or Auction Xchanges') and or any internet connection problems (whether the potential Buyers or Auction Xchanges') and Auction Xchange do not represent or warrant that the Auction Xchange's website or online bidding platform will be error-free, virus free, or that any defects will be corrected.
The title in the Lot shall not pass to the Buyer until the Hammer Price and the Buyer Premium have been paid to Auction Xchange (and have been received in full and cleared funds) and any other instrument tendered in payment has been cleared. If the Buyer does not honour it's obligations for payment in any way, Auction Xchange as agents of the Seller shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following rights or remedies: to rescind the contract for sale of the Lot (or any other Lot) sold to the defaulting Buyer at the auction; and to retain the Deposit and to pursue the Buyer directly for all monies owed including damages for breach of contract or to enter the Lot in question to be re-sold at public auction or private sale, the defaulting Buyer will then pay to Auction Xchange any resulting deficiency in the purchase price at the first auction after deduction of any part payment and addition of resale costs; to retain that or any other Lot sold to the same Buyer at the same or any other auction and release it only after payment of the Hammer Price; to reject or ignore any bids made by or on behalf of the defaulting Buyer at any future auction; to apply any proceeds of sale then due or at any time afterwards becoming due to the defaulting Buyer towards settlement of the Hammer Price and to exercise a lien on any property of the defaulting Buyer which is in Auction Xchange possession for any purpose.
If the Buyer fails to remove the Lot from the Premises as required Auction Xchange will have the right to: re-enter the Lot into auction and the proceeds of such re-sale will be applied in the following order: in settlement of any outstanding storage fees, removal fees, and insurance expenses due; and then any sums due under the original contract following the first auctions (together with any VAT chargeable). The balance of the re-sale price, if any, shall be paid to the original Buyer.
Immediately following the achievement of the Hammer Price, the Buyer shall pay the Hammer Price plus VAT unless specified otherwise, and the Buyer Premium plus VAT. If the Buyer fails to do so within 48 hours post the fall of the hammer, Auction Xchange shall have an absolute discretion to cancel the contract of sale and to retain the Deposit.
All required payments will be settled in full and before removal of the Lot is permitted and will be by bank card (note: Auction Xchange is cashless and therefore does not accept cash as a form of payment).
The Buyer shall at his own expense and risk take away the Lot(s) purchased. Buyers buy Lots where they lie and are wholly responsible to bring any necessary labour and equipment in order to remove their Lot(s) and give due care to other Lots on the Premises and the Premises itself. The Buyer shall fully indemnify and keep indemnified Auction Xchange in the event of any damage or loss caused and/or occasioned to any adjoining or other Lots or to the Premises by their removal of the Lots. The Buyer shall be responsible for any injury to and/or death of any person resulting from the removal of his Lot(s) and shall fully indemnify and keep indemnified, Auction Xchange against any such liability whether or not such injury and/or death was caused by the negligence of the Buyer, his employees or agents. The Buyer will be responsible for loss or damage to the Lots purchased from notification of successful bid and neither Auction Xcange nor its servants or agents shall afterwards be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any Lot is in their custody or under their control.
From the delivery of a Lot to the Premises until the Hammer Price in respect of a Lot is reached or the Lot is removed by the Seller (including any time during which the Lot is being tested or demonstrated on the auction premises, or elsewhere) the Lot is at the risk of the Seller, and neither Auction Xchange nor its servants or agents will be responsible for any loss or damage whether caused by negligence or otherwise.
Until title passes, Auction Xchange reserves the right to dispose of the Lot.
Auction Xchange will charge a "Buyer Premium" on all Lots on the purchase price of the Lot plus VAT. The Buyer Premium is a percentage of the Hammer Price which will be charged to the Buyer.
Auction Xchange is entitled to deduct the relevant fees from the Hammer Price (plus any VAT chargeable thereon) in respect of each Lot (which may, for the avoidance of doubt, include any commission due, the entry fee due (if applicable) and any other previously notified fees chargeable), before remitting the proceeds to the Seller. Without prejudice to any of Auction Xchange's rights under these Terms, for the avoidance of doubt: Auction Xchange will not be under any obligation to pay any monies to the Seller following the auction until such time as the Buyer remits all monies due and Auction Xchange will be entitled to deduct from any payment due to the Seller, any amounts owed by the Seller to Auction Xchange which Auction Xchange has obtained prior consent from the Seller to so deduct.
All Buyers and Sellers acknowledge and agree that these Terms are binding upon them, and by the Buyers and Sellers completing the online Registration, these Terms are deemed accepted and incorporated into all dealings as between the relevant parties. Auction Xchange has the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting its business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in various systems' capabilities. Buyers and Sellers will be subject to the policies and terms in force at the time these Terms become binding.
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. If or to the extent that any of these Terms (as amended from time to time by Auction Xchange) are Terms to which any of the provisions of the Sale of Goods and Supply of Services Act, 1980 or any subsequent modification or re-enactment thereof apply then such Terms shall be enforceable only to the extent permitted by those Acts or their subsequent modification or re-enactment and these Terms shall be construed accordingly. If Auction Xchange fails, at any time while these Terms are in force, to insist that the Seller and/or Buyer perform their obligations under these Terms, or if Auction Xchange does not exercise any of its rights or remedies under these Terms, that will not mean that Auction Xchange has waived such rights or remedies and will not mean that the Seller and/or Buyer does not have to comply with those obligations. If Auction Xchange do waive a default by the Seller and/or Buyer that will not mean that Auction Xchange will automatically waive any subsequent default by the Seller and/or Buyer. No waiver by Auction Xchange of any of these Terms shall be effective unless Auction Xchange expressly says that it is a waiver and Auction Xchange tell the Buyer and Seller so in writing. These Terms shall be governed by Irish law and Auction Xchange, the Seller and the Buyer all agree to the exclusive jurisdiction of the Irish courts.
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