Terms and Conditions of Sale and Entry for Manor Park Classics Ltd (“MPC”)

All Lots submitted for sale and/or sold (whether sold by way of physical auction or via online sale) and all Lots purchases are to be governed by these Terms and Conditions (the “Conditions”).

The Conditions are binding upon every seller, every prospective seller, every buyer and every prospective buyer.

No alterations to the Conditions shall be deemed valid and/or binding unless first accepted in writing by MPC.

Photographs and illustrations of Lots published by MPC are for identification purposely only and may not accurately reflect or reproduce the colour and/or state and condition of the Lot in question.

All potential Buyers and Sellers must provide valid photographic identification to MPC upon request. MPC reserves the right to refuse any potential Sellers and/or Buyers that fails to produce such identification the opportunity to participate in any auction and/or sale.

MPC reserves the right, at its sole discretion, to alter, amend and/or vary the Conditions at any time.

Definitions

Within the Conditions, the following terms shall have the following meanings:

Automobillia means any memorabilia including but not limited to trophies, badges, programmes, models, prints, registration plates and other collectables;

Buyer means any person, company, organisation or entity (including prospective buyers) who has (or may) make a bid in respect of any Lot offered for sale by MPC and this term shall include, where applicable, any authorised agent registered on such buyers account;

Buyer’s Premium means:

(a) in respect of any motor car, 12.5% (plus VAT) of the Hammer Price subject always to a minimum charge of one hundred and fifty pounds (£150) plus VAT; or

(b) in respect of any motor cycle, 15% (plus VAT) of the Hammer Price subject always to a minimum charge of fifty pounds (£50) plus VAT; or

(c) in respect of any Automobillia, 15% (plus VAT) of the Hammer Price subject always to a minimum charge of fifty pounds (£50) plus VAT; or

(d) in respect of any Lot in a Timed Online Auction, 6% (plus VAT) of the Hammer Price subject always to a minimum charge of six hundred pounds (£600) plus VAT; or

(e) such other price as has been agreed between the Seller and MPC in writing;

Commission means:

(a) in respect of any motor car, 5% (plus VAT) of the Hammer Price subject always to a minimum charge of one hundred and fifty pounds (£150) plus VAT; or

(b) in respect of any motor cycle, 10% (plus VAT) of the Hammer Price subject always to a minimum charge of fifty pounds (£50) plus VAT; or

(c) in respect of any Automobillia, 10% (plus VAT) of the Hammer Price subject always to a minimum charge of fifty pounds (£50) plus VAT; or

(d) such other price as has been agreed between the Seller and MPC in writing;

Entry Fee means such entry fee as is agreed between the Seller and MPC at the relevant time;

Entry Form means MPC’s standard form ‘entry form’ as provided by MPC from time to time;

Expenses means in relation to the sale of any Lot, MPCs charges and expenses payable by the Seller in addition to the Commission, including but not limited to insurance, storage, illustrations, entry fees, cleaning costs, photography costs, storage costs, catalogue costs, special advertising, packing and freight on that Lot and any VAT thereon;

Deposit means the fee charged to potential buyers upon completion of a Registration Form, as agreed between the potential buyer and MPC;

Hammer Prices means the highest bid accepted by MPC, including any VAT payable thereon;

Insurance Write Off Event means an event whereby a Vehicle has been deemed by the relevant insurers therefore as a Category A, B, S or N or any other declaration as to the Vehicle being an insurance write-off;

Lot(s) means any individual object or group of objects offered for sale at an MPC auction, whether a Vehicle, Automobillia or otherwise (as the case may be);

Registration Form means MPC’s standard form ‘registration form’ as provided by MPC from time to time;

Reserve means the minimum Hammer Price agreed between MPC and the Seller at which a Lot may be sold;

Sales Proceeds means the net sum due to the Seller being the Sale Price less the Commission less any Expenses and less any other amount due to MPC from the Seller, including any VAT payable in respect of such sums;

Sale Price means the price accepted by MPC for a Lot, including any VAT thereon but excluding any additional fees;

Seller means any person, company, organisation or entity (including prospective sellers) who has (or may) issued instructions to MPC to perform services on its behalf in relation to the sale of any Lot;

Vehicle(s) means any kind of motor car, motor cycle, light commercial van, caravan, heavy goods vehicle or any other vehicle of any kind;

Agent

1. MPC in all cases sells as agent for the Seller unless expressly stated in writing to be selling as principal. 
2. MPC is not liable for any act or omission of the Seller or the Buyer.

MPC’s Discretion

1. MPC retains the right, in its sole discretion, to refuse any bid, to refuse the sale of any Lot and in the event of any dispute, to re-submit any Lot for re-auction.
2. In the event that MPC are notified (by whatever means) of any breach or alleged breach by the Seller of the Conditions, before MPC has forwarded the Sales Proceeds to the Seller, MPC may, in its sole discretion, withhold the Sales Proceeds unless and until that dispute is resolved in full. In such circumstances, MPC shall be entitled to deduct any sums that are due to MPC, from the Sales Proceeds.

Entry Into Auction

1. Unless otherwise agreed in writing by MPC, MPC shall not be deemed to have accepted any Lot into any auction unless and until the Seller has:
a. provided to MPC  a fully and validly completed Entry Form and has responded to the entire satisfaction of MPC to any queries raised in respect of such Entry Form;
b. paid any required Entry Fee as specified by MPC in accordance with the Conditions;
c. in the event that the Lot is a Vehicle:
i. produced the Vehicle to MPC, or, alternatively, has provided a warranty to MPC that the Seller will deliver the Vehicle on demand, to the Buyer;
ii. produced the keys (including any spare sets of keys) and a valid ‘V5/C registration document’ in respect of the Vehicle;
iii. produced, if available, a full service history for the Vehicle; and
iv. provided to MPC copies of all certificates relating to the Vehicle.
2. Unless otherwise agreed in writing by MPC, MPC shall not be deemed to have accepted any Buyer as a valid bidder in respect of any Lot, unless and until the Buyer has provided MPC with a fully and validly completed Registration Form and has responded to the entire satisfaction of MPC to any queries raised in respect of such Registration Form.

Entry Fees

1. MPC reserves the right to charge a Seller an Entry Fee where any Lot is entered for auction. 
2. In circumstances where any Lot is entered for re-auction (for whatever reason, save in the event of negligence by MPC) MPC shall be entitled to charge an additional Entry Fee for each subsequent re-auction of the Lot.

Seller’s Warranties and Representations

1. Unless otherwise stated in writing, the Seller warrants and represents to both MPC and the Buyer that:
a. all information provided by the Seller within the Entry Form is true and accurate in all respects; and
b. the Seller is the sole legal owner of the Lot; and
c. the Seller has clear and unencumbered title to the Lot and has an unencumbered legal right to sell the Lot, free from any subsisting third party claims; and
d. each and every representation made by the Seller (whether in writing or otherwise) regarding the Vehicle is in all respects true, accurate and informed and the Seller acknowledges that all such representations will be relied upon by both MPC and the Buyer; and
e. in the event that the Lot comprises a  Vehicle:
i. the Vehicle entered for sale by the Seller bears its correct and original registration mark, chassis number and/or vehicle identification number and that the same correspond in all respects with the legal registration documentation for such Vehicle; and
ii. the Seller has complied in all respects with any applicable requirements relating to any export and/or import of the Vehicle, and has notified MPC in writing of any failure to comply with such requirements by either the Seller or by any previous owner of the Vehicle; and
iii. the odometer reading of the Vehicle is true and accurate and has not been altered in any way by the Seller or any other party; and
iv. the Vehicle has not been stolen, recovered or subject to an Insurance Write Off Event; and
v. the Vehicle has never been used by the police, ambulance or fire service, nor as a taxi or private hire vehicle; and
vi. where the Vehicle has a personalised registration plate which is to remain assigned to the Vehicle, the Seller has absolute and unencumbered right to sell the right of use of such personalised registration plate, along with the Vehicle; and
vii. in the case of a Vehicle that may be lawfully used on a public road, such Vehicle complies with all statutory provisions and any certificates required by law relating to such Vehicle are in place; and
viii. in the case of any Vehicle which cannot be lawfully used on a public road, the Seller has notified MPC in writing that this is the case.

2. The Seller shall indemnify and keep indemnified, MPC, its employees, servants, agents and the Buyer against all and any loss, damage, actions, claims, penalties and proceedings of any nature whatsoever, that arise as a result of (whether directly or indirectly) any breach of the warranties set out in clause 1 above, by the Seller.
3. Where any Lot fails to sell, MPC will notify the Seller as soon as reasonably practicable. Following such notification, the Seller must make arrangements with MPC to either re-offer the Lot for auction, or to collect the Lot from MPC, at a time and date agreed with MPC. In the event that such arrangements have not been made:
a. within two (2) working days of such notification, the Seller will be responsible for any removal, storage and insurance expenses incurred or payable by MPC in respect of the Lot (including any VAT payable thereon); and
b. within four (4) working days of such notification, MPC will have the right to sell the Lot at public auction without reserve and to deduct from the Hammer Price any sum owing to MPC including fees and expenses incurred by MPC in relation to the Lot (including any VAT payable thereon), before remitting the balance to the Seller.

Basis of Sale of Vehicles

1. MPC sell all Lots on an ‘as seen’ basis and the Buyer must satisfy themselves in full, prior to the purchase of any Lot, as to the state and condition of such Lot. 
2. The Buyer accepts and acknowledges that representations or statements made by MPC regarding any Lot may, inevitably, include matters of opinion. Neither MPC nor its employees or agents accept liability for the accuracy of any such opinions. 
3. The absence of any reference to the condition of a Lot does not in any way imply that such Lot is free from imperfections, faults and/or restoration.
4. MPC shall not in any circumstances be held liable or responsible for any damage, imperfection or defect that has not been notified to the Buyer.
5. MPC has no duty to the Seller to investigate the accuracy of the description of any Lot provided by or on behalf of a Seller.
6. MPC provide no warranty as to the accuracy of the description of any Lot contained within any illustration, catalogue or brochure published by or on behalf of MPC and any warranties and/or conditions that would otherwise be implied by the Sale of Goods Act 1979 in relation to the foregoing are hereby expressly excluded.
7. Any reference to the age of a Lot made by MPC is intended to refer to the year of first registration of the Vehicle within the United Kingdom.
8. The Conditions shall become binding on both the Seller and Buyer (respectively) where:
a. MPC have accepted the Seller’s Lot for entry into auction; and
b. the Buyer has validly completed a Registration Form to the entire satisfaction of MPC and has paid in full cleared sums to MPC, the Deposit.
9. The Buyer agrees and acknowledges that a sale by auction is not a consumer sale for the purposes of the Sale of Goods Act 1979 (as amended from time to time) and the Unfair Contract Terms Act 1999 Regulations. 
10. Private treaty sales made under these Conditions are also deemed to be sales by auction for the purposes of all consumer legislation. 
11. Any estimate of likely value provided by MPC in respect of any Lot is an expression of MPC’s opinion only and is made on behalf of the Seller. Any such estimate should not be relied upon by either the Seller or the Buyer as an indication of the likely selling price or the actual value of a Lot. 
12. MPC sells all Lots as collectors’ items and all Vehicles sold are not sold as means of road transport. Buyers are expressly warned that a Lot may have had parts replaced, renewed and/or reconditioned which may be difficult to establish. For the avoidance of doubt, MPC does not undertake its own inspection of Lots to establish whether or not a Lot conforms with the description provided within any catalogue or brochure and MPC has no duty to investigate the accuracy of any Lot description provided by or on behalf of the Seller. It is the sole responsibility of the Buyer to undertake any such inspections, as are deemed necessary from time to time.

Risk and Title to Lots

1. The Lot shall at all times remain at the sole risk of the Seller, unless and until ownership of the Lot passes from the Seller to the Buyer in accordance with the Conditions. 
2. At no time shall ownership of the Lot pass to MPC, otherwise than in accordance with these Conditions.
3. Legal title to the Lot shall not pass to the Buyer unless and until MPC receive in full cleared funds from the Buyer:
a. the Hammer Price;
b. the Buyer’s Premium; and
c. any VAT payable on such sums.
4. Where a Lot is delivered by or on behalf of a Seller to premises owned or occupied by MPC, the Vehicle is left at such premises at the sole risk of the Seller and neither MPC nor its employees, servants or agents shall be responsible for any loss or damage caused to such Lot. 
5. A Lot is deemed sold at the point that the Hammer Price is reached and the Lot is then immediately held at the sole risk of the Buyer from that point onwards.

Auction Conduct

1. MPC retains sole discretion (without the requirement to provide any reasoning whatsoever) to refuse any bid and/or to withdraw any Lot before the hammer falls. 
2. MPC is not bound to accept any offer provided for any Lot.
3. The contract of sale is formed between the Seller and the Buyer at the point that the Hammer Price is achieved, at which point the Lot shall be deemed sold (subject to the provisions of Paragraph 3, ‘Risk and Title to Lots’ within these Conditions). 
4. For the avoidance of doubt, MPC are not a party to the contract of sale and MPC act as the Seller’s agent only. MPC will not under any circumstances be held liable for any breach of either the Buyer or the Seller of any such contract of sale. 
5. In the event that the Hammer Price is achieved in respect of any Lot, the terms of ‘Price and Payment’ within these Conditions shall immediately apply.
6. In the event that the Hammer Price is not achieved by a Buyer in respect of any Lot, the relevant Buyer may:
a. obtain a refund of the Deposit from MPC; or
b. instruct MPC in writing to retain the Deposit and to apply the same against future auctions in which the Buyer may participate.
7. Any dispute relating to the bidding process and/or attainment of the Hammer Price, shall be referred to MPC. In resolving any such dispute, MPC may in its absolute discretion choose to cancel the contract of sale and/or to re-auction the Lot in question (whether at the same or any subsequent auction) or to offer the Lot for sale by private treaty. In all such cases, MPC are under no obligation to provide any justification and/or reasoning for such decision and the decision of MPC shall be final and binding on both the Buyer and the Seller.
8. In the event that MPC exercises its discretion to cancel the contract of sale, neither the Buyer nor the Seller shall be entitled to rely upon the original contract of sale for any purpose whatsoever. In such circumstances, the Buyer shall be entitled to the return of the Deposit and any other monies paid under the original contract. 
9. MPC shall not be obliged in any circumstances to announce any reserve price in respect of any Lot. 
10. All persons attending any auction held by MPC shall do so at their sole risk and MPC shall not be held responsible for any loss or damage whatsoever caused to any persons or property who or which may be present on any auction site, for any purpose whatsoever. 
11. MPC retain the right, in its sole discretion, to refuse admission to any premises and to refuse attendance and/or participation at any auction held by MPC.
12. Each and every bidder shall be deemed to act as principal unless MPC provide written acknowledgement that such bidder acts as agent on behalf of a named principal.

Reserves

1. The Seller shall be entitled to direct a Reserve on any Lot prior to auction. Once a Reserve has been set prior to auction, the Reserve cannot be changed unless first agreed in writing with MPC.
2. All Lots will be sold without any Reserve, unless a Reserve has first been agreed in writing with MPC.
3. Where a Reserve has been applied in respect of any Lot, the Seller (or MPC acting on the Seller’s behalf) may in their absolute discretion place bids up to an amount not equalling or exceeding the Reserve, in accordance with the Auction Bidding Agreements Act 1969.
4. Where any Lot is not subject to a Reserve, MPC shall not be liable in the event that the Lot is purchased for a price which is below any estimated selling price given in any catalogue or brochure. 
5. MPC may, in its sole discretion, sell any Lot below the Reserve, provided that MPC account to the Seller for the same sale proceeds as if the Lot had been sold at that Reserve.

Commission and Expenses

1. MPC shall be entitled to deduct and retain from the Hammer Price the Commission, plus any Expenses and any other fees due from the Seller to the Buyer.

Price and Payment

1. In the event that the Hammer Price is achieved in respect of any Lot, the Buyer shall immediately follow the purchase process notified to it by MPC and shall pay the Hammer Price, the Buyer’s Premium and any other sums due to MPC (including any VAT payable on such sums).
2. Where any Buyer fails to pay the Hammer Price and/or the Buyer’s Premium by 5pm on the next working day after the Hammer Price has been achieved, MPC shall have absolute discretion to cancel the contract of sale and to retain the Deposit in full.
3. MPC must receive payment of all required sums in full cleared sums, before the removal of any Lot is permitted. All payments must be made in sterling (GBP) and via BACS, CHAPS or Debit Card payment. 
4. Unless otherwise agreed in writing by MPC, the time for payment under the Conditions is always of the essence and will under no circumstances be adjusted due to a failure of the Buyer to make the necessary enquiries and/or preparations in order to pay the Hammer Price and/or the Buyer’s Premium. 
5. Once MPC receive the Hammer Price and the Buyer’s Premium from the Buyer, MPC shall remit the proceeds of sale to the Seller but only after MPC have deducted all relevant fees (including for the avoidance of doubt the Commission and any VAT payable thereon) in respect of each Lot. 
6. For the avoidance of doubt, MPC are not required to pay any monies to the Seller following an auction unless and until the Buyer remits all monies due in accordance with the Conditions.

Buyer’s Collection Duties

1. The Buyer shall remove any purchased vehicle from MPC premises at its own expense and at its sole risk. Collection of any Lot must take place in accordance with the timescales agreed between the Buyer and MPC. 
2. The Buyer shall indemnify and keep indemnified MPC against all damage, loss, claims, proceedings caused and/or occasioned (whether directly or indirectly) to any other Lots, property or premises belonging to MPC caused by the removal of any Lot by the Buyer, his employees, servants or agents.
3. The Buyer shall indemnify and keep indemnified MPC against all injury and/or death caused to any person as a result of the removal of any Lot by the Buyer, his employees, servants or agents.
4. In the event that MPC notify a Buyer of a successful bid in respect of  a Lot, the Buyer shall immediately become responsible for loss or damage to such Lot and neither MPC nor its employees, servants or agents shall be responsible for any loss, damage, claims or proceedings or any kind, whether caused by negligence or otherwise, whilst any Vehicle remains in the custody or control of MPC.
5. Neither MPC nor the Seller shall be under any liability pursuant to section 6 of the Health and Safety Act 1974.

Buyer’s Default

1. In the event that the Buyer defaults on its obligation to pay the Hammer Price to MPC in accordance with the Conditions, as agent for the Seller and without prejudice to any other rights and/or remedies available to MPC, MPC may at any time exercise one or more of the following rights and/or remedies:
a. to retain the Deposit in full and to pursue the Buyer directly for all and any monies owed, including damage for breach of contract; and/or
b. to rescind the contract for sale of the Lot sold to the defaulting Buyer; and/or
c. to re-enter the Lot into a subsequent auction, or for re-sale via private treaty; and/or
d. to remove and store the Lot at any premises owned or occupied by MPC, at the sole expense of the defaulting Buyer; and/or
e. to charge interest at a rate not exceeding 5% per month on the Hammer Price, to the extent that the Hammer Price remains unpaid; and/or
f. to retain the Lot (and any other Lots sold to the same Buyer) unless and until the Hammer Price is paid to MPC in full; and/or
g. to reject and/or ignore any bids made by or on behalf of the defaulting Buyer at any future auction; and/or
h. to apply any proceeds of sale then due or at any time thereafter 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 for any purpose in MPC’s possession.
2. In the event that the Buyer fails to collect the Lot from MPC in accordance with the Conditions (unless such failure to remove is due to the negligence of MPC), MPC shall have the right to, in its sole discretion:
a. re-enter the Lot into auction; and/or
b. charge a one-off administration fee of one hundred and fifty pounds (£150) plus VAT; and/or
c. move the Lot at the sole risk of the Buyer, to alternative premises from that where the Buyer purchased the Lot; and/or
d. charge the Buyer a daily storage charge of fifty pounds (£50) plus VAT.
3. For the avoidance of doubt, nothing within the Conditions limits MPC’s liability nor the liability of the Buyer or the Seller for:
a. death or personal injury caused by negligence; or
b. fraud or fraudulent misrepresentation; or
c. any other matter for which it would be illegal or unlawful to exclude or attempt to exclude liability.

General

1. The Seller permits MPC, without payment, to photograph or video and make illustrations of any Lot and to use such photograph, video or illustration at any time, whether or not in conjunction with any auction. 
2. The copyright in all photographs, videos and illustrations taken by MPC shall at all times be the absolute property of MPC.
3. All information provide by MPC will be treated confidentially and shall not be passed to third parties, except where necessary to complete a sale transaction. MPC reserves the right to pass on information when required by legislation, government authorities or the courts. 
4. Any transactions to which the Conditions apply shall be governed by English Law and the Courts of England shall have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all maters or transactions to which these Conditions apply.
5. Where any court or competent authority decides that any of the provisions of these Conditions are invalid, unlawful or unenforceable to any extent, such term will, to that extent only, be severed from the Conditions which will otherwise continue to be valid to the fullest extent permitted by law. 
6. If or to the extent that any of these Conditions (as amended from time to time by MPC) are deemed to be Conditions to which any of the provisions of the Unfair Contract Terms Act 1977 or the Supply of Goods and Services Act 1982 apply (including any subsequent modification or re-enactment thereof) then such Conditions shall be enforceable only to the extent permitted by such acts and these Conditions shall be construed accordingly. 
7. A person who is not party to these Conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
8. The benefit and/or burden of the Conditions may not be assigned by the Seller or the Buyer without the prior written consent of MPC.
9. These Conditions constitute the entire agreement between the parties and supersede all previous drafts, agreements, arrangements, understandings and conventions between them, whether written or oral, relating to the subject matter of these Conditions. 
10. Both the Buyer and the Seller accept and acknowledge that they have not relied on any representations made by or on behalf of MPC, save where such representations have been set out and signed in writing by a Director of MPC.
11. In the event of any of the Conditions being incompatible with one another, the term most beneficial to MPC shall prevail.