Terms

Marsham Motorcycle Auctions & Auto Jumbles Ltd

(Registered Company No. 14757631)

AUCTION TERMS & CONDITIONS 2023

Introduction

The following Terms together with such other terms, conditions and notices as may be set out in any relevant Catalogue (together “Terms”), apply to all in-person and online sales by Marsham Motorcycle Auctions & Auto Jumbles Ltd (“MMA”) at Auction or within 14 days after the Auction.

MMA provides the Premises for Live Auctions for Sellers to list items for sale, and where bidders can bid to purchase the items in-person, online (through its online bidding platform made available at www.norfolkautions.co.uk), by telephone, by proxy bidding through the Auctioneers, or by a person authorised to bid on their behalf. Other online means such as video calls may be made available and will be advertised by MMA.

MAA also holds Timed Online Auctions via its online platform, published at www.norfolkauctions.co.uk, for Sellers to list goods for sale for a defined period of time, and where bidders can bid to purchase the goods. Bids are placed online up until the Timed Online Auction closes.

Alterations to these Terms will not be binding unless accepted by MMA in writing. These Terms may be amended by MMA from time to time, as long as reasonable notice has been provided prior to an Auction taking place.

Additional information about the Auction may be set out in the Catalogue or related information about the Auction, or in a notice displayed via the online platform at www.norfolkauctions.co.uk .

MAA acts solely for and in the interest of the Seller. MMA does not act for Buyers and does not give advice to Buyers. When MMA or its employees make a statement about a Lot, it is doing so as agent for the Seller of the Lot (except where MMA has expressly stated to be selling as principal). Buyers are advised to obtain independent advice on Lots and their value before bidding on them.

  1. DEFINITIONS


    In these Terms:
    • 1.1. “Auction” means a Live Auction or Timed Online Auction in respect of which a Lot is consigned for Sale
    • 1.2. “Auctioneer” or “Auctioneers” means a representative of MMA conducting the Auction or their agent who has been nominated to do so.
    • 1.3. “Auctioneers Margin Scheme” means the scheme that allows auctioneers to sell items without VAT on the Hammer Price.
    • 1.4. “Buyer” means the only person whose bid is accepted by MMA to conclude the contract for the purchase of the Lot.
    • 1.5. “Buyers Premium” means the amount payable by the Buyer to MMA calculated by reference to the Hammer Price and any amounts payable in addition to it.
    • 1.6. “Bidders Registration Form” means the form to be completed by each bidder pursuant to clause 10.4.
    • 1.7. “Catalogue” means the catalogue relating to the relevant Auction which includes any advertisement, brochure, estimate, price list or other publication or webpage relating to one or more Lots.
    • 1.8. “Commission” shall have the meaning given in clause 4.
    • 1.9. “Contract” means the agreement between the Buyer and the Seller on the successful bid of the Buyer on the Lot that is sold to them.
    • 1.10. “Expenses” means MMA’s charges and fees payable by the Seller in relation to the sale of a Lot.
    • 1.11. “Entry Fee” means the sums payable (exclusive of VAT) by the Seller for goods entered into the Auction, as set out in clause 3.
    • 1.12. “Hammer Price” means the price in pounds sterling at which a Lot is sold by the Auctioneer to the Buyer at a Live Auction or Timed Online Auction.
    • 1.13. “Interest” means a chargeable daily rate equal to 4% per month over Barclays Bank Base Rate.
    • 1.14. “Live Auction” means an auction sale in respect of which a Lot is consigned for sale in-person at the Premises.
    • 1.15. “Lot” or “Lots” means any item(s) consigned to MMA for sale at Auction.
    • 1.16. “Premises” means Heath Farm, 88 High Street, Marsham, Norwich, United Kingdom, NR10 5QG or such other location advertised by MMA.
    • 1.17. “Purchase Price” means the Hammer Price together with the Buyer’s Premium and any additional charges due plus VAT.
    • 1.18. “Reserve” means the minimum Hammer Price (if any) agreed between MMA and the Seller at which a Lot may be sold at a Live Auction or Timed Online Auction as set out at clause 7.
    • 1.19. “Sale Proceeds” means the net amount due to the Seller after the deduction of VAT, Expenses, and any other amounts owing to MMA from the Seller.
    • 1.20. “Seller” means the person who offers a Lot for sale, whether as agent or principal.
    • 1.21. “Timed Online Auction” means the auction sale in respect of which a Lot is consigned for sale on MMA’s online bidding platform for a defined period of time.
    • 1.22. “Total Amount Due” means the Hammer Price in respect of Lots sold plus the Buyer’s Premium and any additional charges and amounts due from a defaulting Buyer under these Conditions plus VAT chargeable on any of them.
    • 1.23. “VAT” means UK Value Added Tax applicable at the prevailing rate from time to time.
    • 1.24. “Working Day” means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

  2. ENTRIES

    • Entries to Live Auctions close 48 hours before the start of the Auction unless otherwise stated.

  3. ENTRY FEE

    • An Entry Fee is payable by the Seller to MMA for the following goods entered into the Live Auction or Timed Online Auction:

    • Vehicles - £20.00 + VAT (per motorcycle).
    • Memorabilia - £5.00 + VAT.
    • Motorcycle Spares - £10.00 + VAT (subject to the combined value of spare parts listed for Auction, an increased fee may be charged to the Seller at MMA’s discretion).
    • Vehicle Registration Numbers - £5.00 + VAT.

  4. COMMISSION

    • In addition to the Entry Fee, MMA will charge Commission to the Buyer (as a percentage of the Hammer Price + VAT) at the following rate:

    • Motorcycles and Combinations

    • Up to £5,000: 8% + VAT.
    • £5,001 to £20,000: 7.5% + VAT.
    • £20,001 and above: the first £20,000 is charged at 6% + VAT, the remaining balance is charged at 5% + VAT.

    • Vehicle Registration Numbers

    • 12.5% + VAT.

    • Memorabilia

    • 12.5% + VAT.

    • Motorcycle Spares

    • 12.5% + VAT.
    • Please note online bidding incurs an additional 2% surcharge fee.

  5. VAT

    • 5.1. It should be noted that all Lots sold at Live Auctions on behalf of Sellers who are not registered for VAT together with registered Seller’s trading under the General Margin Scheme will be sold under the Auctioneers’ VAT Margin Scheme unless written instructions are received to the contrary.
    • 5.2. Value Added Tax at the standard rate will be charged on all Lots otherwise announced at the time of sale.

  6. PRIVATE SALES

    • 6.1. No Lots entered or advertised for sale at Auction by MMA should be sold by the owner privately within 5 days prior to the commencement of the sale for which the Lot has been entered or advertised.
    • 6.2. MMA accepts no liability for any breach of this condition whatsoever. In all cases where a Lot is not forwarded for sale, MMA shall be indemnified by the person entering such a Lot for all Expenses incurred in relation to the sale and against all such claims from third parties that may arise.
    • 6.3. If any Lot is sold privately during or after the Auction, the sale must be booked with MMA and these terms and conditions will apply and Commission will be charged. MMA reserves the right to sell each Lot privately at the Reserve. Any Lot remaining on site after the Auction may be disposed by MMA without further consultation with the Seller.
    • 6.4. If the Seller later sells the Lot as a result of its exposure at the Auction, MMA will be entitled to their normal Commission from the Buyer. In any event MMA will be entitled to try and effect a sale as the Seller’s agent within 14 days after the date of the Auction (that time limit does not apply to a sale by the Seller). If MMA does sell the Lot, they will be entitled to their normal commission from the Buyer. Where a Lot is sold, MMA shall initiate payment, by bank transfer, of the Sale Proceeds to the Seller 14 days after MMA has received in cleared funds the Total Amount Due from the Buyer.
    • 6.5. Should no bank details be provided by the Seller, MMA will effect payment by sending its cheque, drawn in favour of the Seller, 14 days after receipt of cleared funds from the Buyer, by registered mail to the Seller.

  7. RESERVES

    • 7.1. For Timed Online Auctions, Sellers shall agree a Reserve with MMA on the online platform before the Lot is listed for Sale.
    • 7.2. At Live Auctions, a Reserve shall be agreed in writing with the Auctioneer before the advertised time for the commencement of sale. Where a Reserve has been applied to a Lot the Auctioneer may in the absolute discretion place bids up to an amount not exceeding the Reserve on behalf of the Seller, and in accordance with the Auction Bidding Agreements Act 1969.
    • 7.3. No Seller shall in any circumstances whatsoever bid or allow anyone else to bid on their behalf for any Lot owned by the Seller save that this restriction shall not be extended to lots being sold on a dissolution of partnership.
    • 7.4. Should any improper bidding be discovered, full commission and compensation will be charged on any Lots bought in.

  8. BUYER / SELLER RISKS

    • 8.1. All Lots entered at Live Auctions are accepted and remain on the Premises at the Seller’s risk. MMA will not accept any liability for damage sustained to a Lot that is attributable to members of the public or non-Auctioneer operatives during the Sale or any removable items left within lots during the same period.
    • 8.2. Any claims for damage and / or lost items must be submitted to MMA in writing no later than 3 working days after the date of the Sale and include a valid quote for repair or replacement and digital photographs where applicable. MMA shall be under no liability to notify Sellers if Lots are not sold.
    • 8.3. Where a Lot is illustrated by a photograph, in the case of a vehicle with a registration number visible, that number will not be transferred with the vehicle to the Buyer unless the registration particulars appear in the written part of the description as included as part of the sale and the transfer has been authorised by the Seller.
    • 8.4. If the vehicle is sold to the Buyer before the formalities of allocating a different registration number to that vehicle are completed with the DVLA, the Buyer accepts that they will take all steps necessary to co-operate with either the Seller or MMA to have the registration number transferred to the Seller (as the case may be), and will take no steps to register the vehicle with the registration number in their name.
    • 8.5. If the Seller wishes to retain the registration number of a vehicle included in a Lot, it is the Seller’s responsibility to notify MMA of this in writing.
    • 8.6. MMA shall not be responsible for any loss or damage whatsoever and howsoever arising out of the Seller’s loss of the right to the registration number following the sale of the Lot.
    • 8.7. Each Lot shall be sold at the sole risk of the Buyer on the fall of the hammer and/or when the Timed Auction ends. MMA must rely on information as to the date, condition and authenticity provided by the Seller and it does not provide its own description or guarantee. Note that MMA does not undertake its own inspection of any vehicles consigned for sale at the Auction.
    • 8.8. It is the responsibility of the Buyer to ensure that the Lot conforms to the description in the catalogue and/or the online marketplace provided by the Seller. MMA cannot check or verify the authenticity of goods and relies solely on the Seller’s description. Buyers are advised to ensure that the Lot and any relevant paperwork is inspected prior to the sale.
    • 8.9. MMA will not be responsible for any errors in descriptions that come to light following the Auction. All Lots are sold as they stand with all faults and imperfections. The accuracy of vehicle mileage is not guaranteed, and it is the Buyer’s responsibility to establish that the mileage is correct.

  9. EXCLUSION OF LIABILITY SELLER’S INDEMNITY

    • 9.1. MMA shall not be liable for any loss, claim or proceedings in respect of any loss or damage whatsoever to any property (real or personal - including all Lots) whether incurred before, during or after the sale at Auction.
    • 9.2. MMA shall not be liable for any expense, loss, claim or proceeding in respect of any personal injury to or death of any person arising out of or in the course of or caused by the sale, except to the extent that the same is due to the negligence of MMA, the Auctioneers or their agents.
    • 9.3. If MMA receives notice of any dispute related to a sold Lot before the Sale Proceeds have been remitted to the Seller, MMA may withhold payment from the Seller until it thinks fit or until the dispute is resolved, whichever is earlier.
    • 9.4. MMA retains the right to withhold partial or total payment for any Lot if items committed to the Sale by the Seller and sold as part of the Lot, including any relevant documents, have not been delivered by the Seller.
    • 9.5. All Lots are offered as seen with all faults and defects without any guarantee or warranty attaching thereto as to condition, roadworthiness or otherwise and with all faults and defects whether apparent upon examination or not.
    • 9.6. The Seller is wholly responsible for the factual accuracy of, and for any judgments or opinions expressed in, the Catalogue description or online marketplace description of each Lot entered, and for misstatement or omission of information in that description. MMA accepts no responsibility for any inaccuracies.
    • 9.7. The Seller shall indemnify both MMA, its employees and agents, and the Buyer separately, against all payments, costs, expenses, demands, or any loss or damage whatsoever and wheresoever incurred or suffered by any of them in respect of any breach of these Conditions on the part of the Seller. The Seller shall maintain their insurance of the Lot until they are in receipt of the Sale Proceeds.

  10. REGISTERING TO BID

    • 10.1. A prospective bidder should register their intention to bid for a Lot entered at a Live Auction by completing and signing a Bidder’s Registration Form prior to executing their bid. The bidder shall also provide one form of ID such as a passport or driving licence. Failure to do so shall invalidate the sale, unless MMA, in its absolute discretion, decides to the contrary.
    • 10.2. For Timed Online Auctions, prospective bidders can browse MMA’s online marketplace without registering, however, to place a bid, budders must sign up for an account via the online platform www.norfolkauctions.co.uk. The prospective bidder shall provide one form of ID such as a passport or driving licence to complete the registration process.

  11. BIDDING

    • 11.1. At Live Auctions, the bidder who has submitted the highest bid at the fall of the hammer wins the Lot (providing the bid exceeds any set Reserve or as agreed between MMA and the Seller). MMA shall regulate the bidding and have the right to refuse a bid at its sole discretion.
    • 11.2. For Timed Online Auctions, the bidder who has submitted the highest bid by close of the auction wins the Lot (providing the bid exceeds any set Reserve or as agreed between MMA and the Seller).

  12. PAYMENT

    • 12.1. Save as provided in clause 12.2, all purchases at Live Auctions shall be paid for (in full and in cleared funds) on the day of the sale (or a minimum of 10% by negotiation with MMA prior to the sale) direct to MMA before removal and no Lot shall be removed without the written authority of MMA.
    • 12.2. MMA may, at its sole discretion, allow the Buyer to pay a percentage of the Purchase Price on the date of the sale (in cleared funds). Should MMA permit the Buyer to pay in accordance with this clause 12.2, the Buyer shall pay the remaining balance of the Purchase Price within 48 hours of the date of the sale. Any payments made under this clause 12.2 must be agreed in writing by MMA.
    • 12.3. At Timed Auctions, once the auction has completed, MMA will inform the Buyer of their winning bid and confirm the fees owed, including but not limited to the Purchase Price. An invoice will be emailed to the Buyer, and payment can be made by bank transfer by credit or debit card. When MMA has successfully collected the Buyer’s payment, it will send to the Buyer the Seller’s contact details, and the Seller will be sent the Buyer’s contact details. It is then the responsibility of the Buyer to contact the Seller to arrange to complete the transaction. Please note that an additional 2% surcharge will be applied for Lots purchased over £2,000.

  13. PAYMENT TO SELLERS

    • 13.1. Sellers shall be entitled to receive the Purchase Price of any Lot or Lots sold at Auction within 14 working days after the sale, provided that MMA shall have received the same, and providing there are no outstanding dispute between any parties to the sale.
    • 13.2. When payment of the Purchase Price is due, it will be made as soon as practicable by MMA after settlement of any dispute and, in the event of any acknowledged debt of the Seller being owed to MMA, MMA shall have the right to set off this debt against the sale proceeds.
    • 13.3. For the sale of vehicles, payment shall be withheld until a V5 form or registration document, or certificate of nonregistration, is received.

  14. NON-PAYMENT

    • 14.1. Where a Buyer defaults in payment following a Live Auction or Timed Online Auction, MMA reserves the right to re-sell the Lot and to charge the Buyer with any expenses and loss incurred by reason of the failure of the Buyer to complete their purchase. MMA reserves the right to charge Interest on any outstanding amounts from the day of sale unless special arrangements have been made between the Buyer and MMA in this respect. 14 days after the Sale, MMA will notify the Seller and take the Seller’s instructions as to the appropriate course of action. So far as in MMA’s opinion it is practicable, MMA will at the Seller’s expense assist the Seller to recover the Total Amount Due from the Buyer and, if necessary, rescind the sale and refund money to the Buyer. MMA shall be under no obligation to institute proceedings in its own name.

  15. REMOVAL AND WITHDRAWAL OF LOTS

    • 15.1. At Live Auctions all Lots (including sold and unsold Lots) must be cleared from the Premises within 5 days of the date of the Auction (unless otherwise agreed with MMA) and if remaining longer without a satisfactory explanation for the non-clearance being given to MMA, MMA reserves the right to charge for handling and storage at the rate of £100 plus VAT per lot per day.
    • 15.2. A Seller may by notice to MMA withdraw a Lot from the Auction. If the Seller chooses to do this, they shall be liable to pay MMA the stated rate of the Buyer’s commission calculated on the estimated value of the Lot that MMA would have received had the Lot been sold for the estimated value.
    • 15.3. If the Seller withdraws the Lot from a Live Auction the Seller shall arrange for the collection/removal of the Lot at their own expense within 2 working days after the date of withdrawal.
    • 15.4. MMA can arrange for transport and delivery of Lots at the Buyer’s expense.

  16. DESCRIPTION

    • The Seller is responsible for supplying detailed and accurate descriptions of the items for sale at Live Auctions and/or Timed Online Auctions. MMA will not be answerable in respect of any errors which may occur. Each Lot is sold with all faults, imperfections and errors of description and MMA is not responsible for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any Lot.

  17. WARRANTY

    • 17.1. Unless a warranty is given at the time of sale, the Lots are sold at Live Auctions on an “as is / as seen basis”, as they stand with all faults, imperfections, and errors of description or otherwise.
    • 17.2. The description of the Lot in the Catalogue or on the online marketplace is to the best of the Seller’s knowledge and is accurate and not misleading.
    • 17.3. The Seller warrants to MMA and to the Buyer either that they are the true owner of the Lot or that they are duly authorised to sell the Lot by the true owner and is able to transfer or procure transfer of good and marketable title to the Lot free from a third party claims or encumbrances.
    • 17.4. Buyers should be aware that the photographs included in the brochure or on the online marketplace are for illustration purposes only and may differ to the actual appearance of the item for sale.
    • 17.5. Vehicles may not be immediately roadworthy or may be of such design as will not without alterations, comply with the provisions of the Road Traffic Act or other relevant legislation. When road going vehicles are sold the Buyer shall undertake to comply with such Acts and Regulations.
    • 17.6. Where a vehicle is sold without Reserve and/or without warranty it shall be implied that it is sold with all latent and patent defects and imperfections and the Buyer shall have no right to reject the vehicle. Whilst every effort is made to verify a clean title to the vehicle, MMA accept no responsibility for unforeseen disputes regarding title.
    • 17.7. MMA acts solely as agent between the Seller and Buyer and in the event of a dispute or refusal to pay or non-payment on the part of the Buyer, they may, at their discretion, annul and cancel the sale of such Lot or Lots.
    • 17.8. The Seller shall compensate MMA and the Buyer in full for losses, expenses and other costs which are caused by the Seller’s breach of any obligation of the Seller under the Terms.

  18. DATA PROTECTION

    • 18.1. MMA shall keep and use any data relating to the Buyer and the Seller in accordance with the provisions of all relevant data protection legislation and its Privacy Policy. The Buyer and the Seller consent to such data being kept and used for appropriate purposes, including informing the Buyer and the Seller of any offers or other matters of interest from time to time. All information provided to MMA will be treated confidentially and it shall not pass such details to third parties, except where necessary to complete a sale transaction.
    • 18.2. MMA reserves the right to pass on information when required by legislation, government authorities or the courts.

  19. GOVERNING LAW

    • These Terms shall be governed by and construed in accordance with English Law. All transactions to which these Terms apply, and all matters connected therewith shall also be governed by English Law. Each of MMA, the Seller, the Buyer and any bidder hereby submits to the non-exclusive jurisdiction of the courts of England and Wales.

  20. GENERAL CONDITIONS

    • 20.1. MMA shall have the right, at its sole discretion, without assigning any reason, to refuse any person admission to its Premises or to attend at any of its sales at Live Auctions, or to view any Lot.
    • 20.2. MMA may in their absolute discretion refuse to accept any Lot for sale, any bid, advance the bidding as it may decide, withdraw or divide any Lot, combine any two or more Lots, and in the case of a dispute, may consign the Lot for auction again.
    • 20.3. Any bid which fails to reach the Reserve may be submitted by MMA to the Seller and if the Seller accepts that bid, the Lot will be deemed to have been sold to the Buyer at the sum bid at the fall of the hammer and the normal Terms and Conditions will apply to that sale.
    • 20.4. Whilst the interests of prospective Buyers are best served by personal attendance at the sale at Live Auctions, the Auctioneers will, if so instructed, execute bids on their behalf. Neither MMA nor its employees or agents will be responsible for any error or default in doing so or in failing altogether to do so.
    • 20.5. Where the Auctioneer executes bids on behalf of an absent bidder, each Lot will be bought as cheaply as is allowed by other bids and any relevant pre-agreed Reserve.
    • 20.6. If a Buyer fails either to pay for or to take away any Lot, MMA may without further notice to the Buyer, at its discretion and without prejudice to any other rights or remedies it may have, exercise one or more of the following rights or remedies, as may be relevant, in relation to any and all remedies for non-payment that MMA may choose to exercise:
      • 20.6.1. To charge Interest on so much of the total amount due as remains unpaid after the date and time of the sale.
      • 20.6.2. To issue proceedings against the Buyer for payment of the total amount due and/or for damages for breach of contract.
      • 20.6.3. To rescind the sale of that or any other Lots sold to the same Buyer at this or any other Sale, in respect of which title has not passed.
      • 20.6.4. To resell the Lot or cause it to be resold by public or private sale, such that any deficiency in the total amount due resulting from such resale (after giving credit for any payment) together with the full costs incurred in connection with the Lots shall be paid to MMA by the Buyer; any surplus in excess of the Sale Proceeds of that resale shall belong to the Seller.
      • 20.6.5. To store the Lot at the sole expense of the Buyer and to release the Lot only after payment in full of the total amount due, together with the accrued cost of the removal, storage and insurance and all other expenses incurred in connection with the Lot.
      • 20.6.6. To retain that or any other Lot sold to the Buyer at the same or any other auction and to release the same only after payment of the total amount due.
      • 20.6.7. To apply by way of set-off any Sale Proceeds of any Lot then due or at any time thereafter becoming due to the Buyer towards settlement of the total amount due and expenses and MMA shall be entitled to a lien on any property of the Buyer which is in MMA possession for any purpose.
      • 20.6.8. To reject or ignore any bids made by or on behalf of the defaulting Buyer at any future sales or insist upon a cash deposit before accepting any bids in future.
    • 20.7. In the event of an unsettled hire purchase, finance agreement or any other charge or lien affecting the Lot, MMA reserves the right to settle the amount due of such charges not exceeding the Sale Proceeds and if the Sale Proceeds are less than the charges outstanding the Seller will be responsible for the settlement of the balance.
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    • Last Updated: April 2023