Lot 100 Kubota D905 3 Cylinder Diesel Engine

REMINDER - Buyer deposit required - check Auction Description for details

Buyer Terms and Conditions of Business

Applies to All Auction Formats

1. Definitions

• Auction: Any auction undertaken by Charlie Foyle Auctioneers Ltd. Can also be referred to as a Sale.
• Auction Contract: Any contract between the Vendor and the Auctioneer (including an Auction Contract) in accordance with and incorporating these Terms and Conditions.
• Auction Format: Includes live on-site, online timed, online live-streamed, hybrid, and private treaty sales.
• Auction Site: Any location where the Auctioneer is conducting an auction.
• Auctioneer: Charlie Foyle Auctioneers, acting as agent for the Vendor.
• Bidder: Any person who has registered with the Auctioneer to bid in an Auction.
• Buyer: The highest bidder and purchaser of a Lot in an Auction or purchaser in a private treaty sale.
• Buyer's Premium: Fee payable by the Buyer in addition to the Hammer Price.
• Choice: When announced by the Auctioneer, more than one Lot is offered as a Choice. The buyer can choose which Lot or Lots to purchase within the Choice Lots, each at the hammer price. In certain cases the Auctioneer will announce the Choice has to be taken in Lot order.
• Commission: Fee payable by the Vendor on the sale of a Lot.
• Commission Bid: A highest bid left by a Bidder either online, by telephone, email or in person prior to the relevant Lot being offered.
• Encumbrance: Any mortgage, charge (fixed or floating), financial agreement, contract for hire purchase (or similar), pledge, lien, guarantee, trust, right of set off or any other third party interest (legal or equitable) including any assignment by way of security, reservation of title, unpaid import duty or other tax or other security interest of any kind howsoever create or arising or any other agreement or arrangement having similar effect.
• Entry Form: The information a Vendor provides for the Lots to participate in an Auction, including details submitted via the Auctioneers website or by electronic means or physical media. From time to time, the Entry Form may be completed by the Auctioneer on the Vendors behalf.
• Equipment: Any Auction item whatsoever that is not covered by the definition of Vehicle in these Terms and Conditions.
• Hammer Price: Final bid accepted by the Auctioneer.
• Lot: Any item offered for sale, including Vehicles and Equipment.
• Provisional Bid: This is the highest price bid but is below the reserve price.
• Vendor: The person or entity offering goods for sale.
• Vehicle: Any motorised Vehicle, plus road going trailers.
• Working Day: Monday to Friday, excluding public holidays.

2. General Conditions

1. These Terms apply to all auction formats.
2. The Auctioneer reserves the right to refuse entry, registration, or bidding.
3. All Lots are sold “as seen” unless otherwise stated.
4. All hours or mileages are not warranted.
5. All persons attending the Auction Site do so at their own risk and must take necessary precautions to ensure their safety. No person shall have any claim against the Auctioneers, their Agents, Employees, or Principals for any injuries sustained, nor for damages to or loss of property which may occur from any cause whatsoever.
6. Minors under the age of 18 are permitted only under close supervision of an accompanying adult and must not access Vehicle and or Equipment compounds or areas with moving Vehicles and or Equipment and must not get on or into any Vehicles or Equipment.
7. All Bidders warrant to the Auctioneer that they are fully aware of all anti-bribery, anti-corruption and anti-money laundering laws, and that the Auctioneer has full discretion to seize any items he suspects may have breached these. The bidder also warrants to the Auctioneer that they are familiar with the requirements of ‘Dual Use Goods’ legislation.
8. The Auctioneer is not responsible for any registration documents for any Lots offered for sale. 
9. Buyers are responsible for checking the roadworthiness of any offered Lot.
10. Illustrations, photographs and descriptions in catalogues, brochures or online are for general identification only. Buyers should satisfy themselves prior to the Auction as to the condition and details of each Lot.
11. Provisional bids for which a sale price has been mutually agreed by both the Vendor and the Buyer shall be treated as a standard sale under these Terms and Conditions. Until such agreement is reached, either party may withdraw their offer without incurring any penalties.
12. The Auctioneer is not liable for any indirect, direct, special or consequential loss or damage, howsoever arising to sold lots or Bidders own Vehicles and or Equipment.
13. The Buyer of any Vehicle and or Equipment is responsible for complying with all legal requirements as to the construction and use of that Vehicle and or Equipment. Additionally, for obtaining all certificates, permits and other authorisations necessary before that Vehicle can be used on any public highway.
14. All participants in the Auction, including Vendors, Bidders, and Buyers, are deemed to be acting as Traders within the meaning of the Consumer Rights Act 2015. Auctions are not open to Consumers.
15. These Terms and Conditions may not be assigned or transferred by the Buyer or Vendor without prior written consent from the Auctioneer. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions.
16. Any notices under these Terms and Conditions must be delivered in writing by post, hand delivery, or email. Notices sent by post shall be deemed received two business days after posting. Notices delivered by hand shall be deemed received at the time of delivery. Notices sent by email shall be deemed received on the next business day after transmission, provided the date and time of transmission can be evidenced.

(Section 3 relates to Vendor Terms and removed from this Buyers Version. Full Buyer and Vendor Terms and Conditions available from our website or office)

4. Buyer Terms

4.1 Registration and Deposits

1. Bidders must register and provide identification. For UK residents photo identification. For Bidders from outside the UK, only a passport will be accepted identification. The Auctioneer reserves the right, at its discretion, to refuse any person admission to the Auction Site or attendance at any Auction.
2. At the point of Registration, the Auctioneer shall be entitled to require Bidders to pay a cleared funds Deposit, typically 10% or £5,000 minimum, giving a credit limit of £50,000. See Auction Specific Details on the individual auction page for confirmation. All deposits to be paid by transfer, no cash or cards accepted. Bidders will be asked for an additional deposit if gross value of bids exceeds the credit limit.
3. Deposits will only be refunded if no purchase is made and where the Bidder has no balance outstanding from any other Auctioneer Sales.
4. Each Bidder who registers is deemed to have the necessary authority to act on behalf of the business under which they are registered. Any Bidder acting as an agent for a third party must disclose this relationship to the Auctioneer at the time of registration.
5. Online bidders must register at least 24 hours before the auction.
6. The Auctioneer reserves the right to refuse a Buyer permission to bid at any time.

4.2 Bidding and Purchase

1. The highest accepted bid constitutes a binding contract.
2. Provisional Bids that are subsequently accepted are bound by these Terms and Conditions.
3. Subject to clause 2.11, Bids cannot be retracted.
4. Any dispute as to any bid shall be settled at the Auctioneer’s absolute discretion.
5. Online Bidders are wholly and completely responsible for the use of their online account. Any bids accepted from any Bidders account are not cancellable for any reason.
6. The Auctioneer is not responsible for any technical issue or power outages that may effect online Bidders bidding on any Lot
7. In timed auctions, bids placed before closing are final.
8. The Auctioneer shall not be liable for any claims or costs arising from its failure to execute any commission bids.
9. The Auctioneer has absolute discretion without giving any reason to refuse any bid, to divide any Lot, to combine any two or more Lots, to withdraw any Lot from the Auction and in case of dispute put any Lot up for Auction again. The Auctioneer has the absolute discretion to choice lots which will be sold for individual hammer prices.
10. The Auctioneer acts solely as agent and is not liable for disputes between Buyer and Vendor or defaults by Buyer or Vendor.
11. Without prejudice to the generality of clause 4.2.9, all Lots are sold as seen and with all faults and imperfections and errors of description. Illustrations, make, model, miles, hours, kilometres, descriptions and years in catalogues, videos or brochures are for identification only. All Lots are available for inspection and Buyers should satisfy themselves prior to the Auction as to the condition of each Lot and should exercise and rely on their own judgement as to whether the Lot accords with its description. The Buyer of any Lot is deemed to have inspected the Lot, either themselves or their agents, prior to purchase. The Auctioneer gives no warranty as to the description, condition, miles/hours/kilometres, year or otherwise in relation to any Lot and all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.
12. The Auctioneer reserves the right to cancel any sold Lot without liability where there has been a genuine mistake in the interpretation of a Vendor reserve or if the Auctioneer can’t fulfil its obligations under these Terms and Conditions due to acts or omissions by the vendor.

4.3 Buyer’s Premium

1. A Buyer’s Premium is payable on each Lot - 10% up to £5,000 and 3.5% on the balance.
2. Buyers Premium is subject to VAT at 20%, which is not refundable to export buyers.

4.4 Payment

1. Full payment is due within 5 working days of the Auction. Late payment may result in an interest charge of 4% above Bank of England Base Rate, on a daily basis. 
2. Accepted payment method: bank transfer only. No cash, cheques are cards accepted. International Bank Transfers need to include any additional bank transfer fees.
3. No Lot may be removed until full payment and / or documentation is received by the Auctioneer.
4. Nonpayment will result in the possible loss of deposit and being banned from any future Auctioneer Sales. The Vendor has the right to seek to reclaim relevant losses directly from the buyer.
5. VAT at 20% is chargeable on the Hammer Price.
6. All Non UK resident Buyers will pay the VAT on the Hammerof all Lots at 20%. The Buyer will have the VAT refunded only if the Buyer provides, to the Auctioneers satisfaction, an original bill of lading in connection and or official documentation that the purchased Lot has been exported from the UK. If no proof is received within 30 days, the VAT will be paid to HM Revenue & Customs. Price
7. Payments from a Third-Party source will not be accepted unless Auctioneer has received express authority from the Buyer and have deemed themselves satisfied as to the authenticity of payment.

4.5 Collection and Risk

1. Risk passes at the fall of the hammer to the Buyer. The Buyer agrees to insure the purchased Lot against all losses until its removal from the Auction Site.
2. Title passes to the Buyer only upon the Auctioneer receiving full payment.
3. Buyers must collect within 5 working days. Storage fees of up to £20 per Lot per day will be added to the Buyers invoice and must be paid for in full before the Lot will be released
4. Transport assistance may be available at Buyer’s expense.
5. From the conclusion of the Auction, the Buyer, including its servants or agents, shall assume full responsibility for any loss or damage to the Lots purchased. Neither the Auctioneer nor its servants or agents shall be liable for any loss or damage of any nature, whether arising from negligence or otherwise, while any Lot remains in their custody or control following the Auction. The Auctioneer further disclaims any responsibility for parts or items that may be missing prior to collection.
6. If any Lot is not paid for in full and removed in accordance with these Terms and Conditions, the Auctioneer may, at its absolute discretion and without prejudice to any other rights or remedies available, resell the Lot or arrange for its resale by public auction or private sale. The defaulting Buyer shall be liable to the Auctioneer for any shortfall in the resale price compared to the original Hammer Price, after deduction of any part payment received and addition of any applicable resale costs. Any surplus resulting from the resale shall be returned to the defaulting Buyer.
7. Buyers are responsible for ensuring that purchased Vehicles and Equipment comply with all applicable legislation including the Road Traffic Acts, Motor Vehicle (Construction and Use) Regulations, and Health and Safety at Work Act 1974 before use on public highways or at workplaces.

5. Lot Condition and Inspection

1. All Lots are sold “as seen.”
2. Buyers must satisfy themselves as to the condition and description of any Lot, prior to bidding. Pre-sale inspection days are available. 
3. No warranties or guarantees are provided.
4. Images and descriptions are for guidance only.
5. Odometer and hour readings are not warranted.

6. Online and Remote Bidding

1. Online bidding is available via approved platforms.
2. Bidders must register and may be required to pay a deposit.
3. Bids are binding.
4. Auctioneer is not liable for technical failures.
5. In case of tie bids, Auctioneer’s decision is final.

7. Export and VAT

1. VAT is charged on applicable Lots and fees.
2. Export buyers must provide documentation (e.g., bill of lading) within 30 days to reclaim VAT.
3. Buyers are responsible for export licenses and compliance.

8. Liability and Indemnity

1. The Auctioneer is not liable for title defects or disputes.
2. Vendors and Buyers will indemnify and keep indemnified the Auctioneer against any and all losses, proceedings, lost profits, damages, awards, expenses, claims, costs (including increased administration costs on a full indemnity basis) and any other losses or liabilities which the Auctioneer may incur as a result of breaches, omissions or misrepresentations of any clause with these Terms and Conditions.
3. Auctioneer is not liable for loss or damage before or after risk has passed.
4. The Auctioneer shall have no Liability for any loss or damage howsoever arising to any of the Goods whilst held at any Auction premises.
5. The Auctioneer shall not be liable for a Buyer’s failure to pay, in part or full for a Lot bought in an Auction.
6. The Auctioneer is not liable for any loss or damage caused to the Lots or other property whilst Lots are loaded or unloaded.
7. The Auctioneer shall have no liability to the Vendor for any errors and or omissions in the description of Goods whatsoever when the Entry Form has not been completed accurately and correctly or in circumstances where any information has not been provided the Vendor via Entry Form.
8. The Auctioneer shall have no Liability to the Vendor for any of the following; consequential losses, loss of profits and/or damage to goodwill, economic and/or other similar losses, special damages and indirect losses; and/or, business interruption, loss of business, contract, opportunity and/or production.
9. The Vendor shall be under a duty to mitigate any loss, damage, costs and/or expenses that it may suffer.

9.  Severance

1. If any court or competent authority finds that any provision of this Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Contract shall not be affected.
2. If any invalid, unenforceable or illegal provision of this Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

10. Force Majeure

The Auctioneer shall not be liable for any delay or failure to perform its obligations under these Terms and Conditions due to events beyond its reasonable control, including but not limited to acts of God, war, civil unrest, pandemics, natural disasters, strikes, or government regulations.

11. Privacy and Data Protection

The Auctioneer complies with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR). All personal data collected will be processed in accordance with the Auctioneers Privacy Policy.

12. Governing Law

These Terms are governed by the laws of England and Wales. Disputes shall be subject to the exclusive jurisdiction of the English courts.

These Terms and Conditions supersede all previous Terms and Conditions and shall replace any Terms and Conditions previously notified to the Buyer and/or Vendor