ALL ENTRIES OF VEHICLES FOR SALE AND ALL PURCHASES ARE SUBJECT TO THESE CONDITIONS OF ENTRY AND SALE.

ALL BUYERS AND SELLERS AGREE THAT THESE CONDITIONS ARE BINDING UPON THEM.

COPIES OF THESE CONDITIONS ARE AVAILABLE ONLINE AT THE ON SALE AUCTIONS LIMITED WEBSITE see (www.onsaleauctions.com/terms-conditions) AND AT ON SALE AUCTIONS LIMITED AUCTION CENTRES.

YOUR ATTENTION IS SPECIFICALLY DRAWN TO CONDITION 14 (UNROADWORTHY AND DEFECTIVE VEHICLES) AND TO THE TIME LIMITS IMPOSED BY CONDITIONS 10, 15 AND 16. BUYERS HAVE CERTAIN RIGHTS WHICH CAN BE EXERCISED ONLY WITHIN THOSE TIME LIMITS.

ON SALE AUCTIONS LIMITED SHALL BE ENTITLED TO AMEND, UPDATE OR OTHERWISE VARY THESE CONDITIONS FROM TIME TO TIME AS IT SEES FIT.

1 DEFINITIONS AND INTERPRETATION

1.1 In these Conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:

  • 1.1.1“Applicable Law”means all laws, statutes, regulations, orders and rules in each case having the force of law that apply to the operation of these Conditions;
  • 1.1.2“As Is” (also referred to in the vehicle remarketing sector as “as seen”) in relation to a Vehicle sale means that the Vehicle is sold and purchased where it is in its actual state and condition as at the Point of Sale, including with any faults and defects affecting the vehicle (if any) and, except for that term, the Contract for Sale shall not contain any condition, warranty or other term (whether express or implied and whether implied by statute, common law, custom or otherwise) as to the age, description, suitability, fitness for purpose, satisfactory quality or roadworthiness of the Vehicle. All such conditions, warranties and other terms are excluded in respect of any Vehicle sold “As Is” to the extent permitted by Applicable Law. The fact that the Buyer has not had the opportunity physically to inspect the Vehicle shall not prevent the Vehicle from being sold “As Is”;
  • 1.1.3 “Auction” means any auction (of any format or type) of a Vehicle operated by ON SALE AUCTIONS LIMITED (whether physical or online or both), including any fixed-price Vehicle sale where a Buyer may bid the required Price in order to purchase the relevant Vehicle;
  • 1.1.4 “Auctioneer” means ON SALE AUCTIONS LIMITED or any employee or agent of ON SALE AUCTIONS LIMITED who at the relevant time has the conduct of an Auction;
  • 1.1.5 “ON SALE AUCTIONS LIMITED” means On Sale Auctions (registered in England and Wales with company number: 14440283) or any other company in ON SALE AUCTIONS LIMITED’s Group which at the relevant time and place has the conduct of an Auction;
  • 1.1.6 “ON SALE AUCTIONS LIMITED System(s)” means the ON SALE AUCTIONS LIMITED Website, or any other systems, platforms or electronic means of communication made available by ON SALE AUCTIONS LIMITED to Sellers and/or Buyers in connection with the sale and purchase of the Vehicles;
  • 1.1.7 “ON SALE AUCTIONS LIMITED Website” means the website located at www.On sale auctions limited.co.uk, or any replacement website from time to time;
  • 1.1.8 “ Buyer” means any participant in an Auction who may bid on a Vehicle and the ultimate buyer of a Vehicle offered for sale by a Seller following the highest bid accepted by the Auctioneer (including, in the case of online Auctions, by or through the ON SALE AUCTIONS LIMITED Website) at the Point of Sale or by Private Treaty Sale and reference to the Buyer shall, where the context so requires, include any authorised registrant on the Buyer’s account with ON SALE AUCTIONS LIMITED;
  • 1.1.9 “Buyer On-Boarding Process” means the application process which all prospective Buyers must complete before obtaining an account with ON SALE AUCTIONS LIMITED and being able to bid at Auction; 1

  • 1.1.10 “Contract for Sale” means the contract for sale of a Vehicle entered into between the Seller and the Buyer;
  • 1.1.11 “Entry Data” means, in respect of a Vehicle, the information (whether in hard copy or electronic form) containing details of the Vehicle, which is completed by the Seller or by ON SALE AUCTIONS LIMITED on the Seller’s behalf;
  • 1.1.12 “Group” means in relation to a company its ultimate holding company and each of its ultimate holding company’s other subsidiaries from time to time (a “holding company” and “a subsidiary” being as defined in section 1159 of the Companies Act 2006);
  • 1.1.13 “Point of Sale” means when the Auctioneer announces completion of sale of the Vehicle by the fall of the hammer (whether virtually in an online Auction or physically in a physical Auction), or in another customary manner;
  • 1.1.14 “Pre-Sale Vehicle Information” means, in respect of a Vehicle, the information relating to it made available to the Buyer (whether online or otherwise) prior to the Auction in which that Vehicle is sold;
  • 1.1.15 “Price” means, in respect of a Vehicle, the highest bid accepted by the Auctioneer for the sale of that Vehicle or, in the case of any fixed-price Vehicle sale, the required price in order to purchase the relevant Vehicle;
  • 1.1.16 “Private Treaty Sale” shall have the meaning given in Condition 25.2;
  • 1.1.17 “Reserve Price” means the minimum price that the Seller is willing to accept for the Vehicle being sold at an Auction;
  • 1.1.18 “Seller” means the seller or prospective seller of a Vehicle at an Auction on whose behalf the Auctioneer is auctioning the Vehicle. Reference to the Seller shall, where the context so requires, include any authorised registrant on the Seller’s account with ON SALE AUCTIONS LIMITED;
  • 1.1.19 “Serious Accident Damage” means any previous or existing structural damage to the Vehicle so extensive that the repair included (or should have included) a body alignment check as part of the repair process;
  • 1.1.20 “Total Loss” means structural or other damage to the Vehicle that results in the Vehicle being categorised as a write-off for insurance purposes, and/or previously categorised in any context as salvage or otherwise beyond economic repair; and
  • 1.1.21 “Vehicle” means any kind of motor car, motorcycle or motorised caravan, every kind of commercial, agricultural and other self-propelled vehicle, together with mechanical and electrical plant and equipment.
  • 1.2 Illustrations and photographs of a Vehicle published by ON SALE AUCTIONS LIMITED on the ON SALE AUCTIONS LIMITED Website or elsewhere are for identification purposes only. A photograph or illustration may not reflect an accurate reproduction of the colour(s) or true state and condition of the Vehicle.
  • 1.3 The age of a Vehicle shall be calculated by reference to the year in which the Vehicle was first registered in the United Kingdom. Every reference in these Conditions, in any Entry Data or other document or by the Auctioneer to “the age” of a Vehicle shall be construed accordingly. If such year cannot be determined, then the Vehicle will be offered for sale as “date of registration unknown”.
  • 1.4 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
  • 1.5 A reference to a party includes its successors and permitted assigns.
  • 1.6 A reference to a statute or statutory provision is a reference to it as it is in force from time to time, taking account of any amendment, extension or re-enactment and includes any subordinate legislation from time to time in force made under it. 2
  • 1.7 Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
  • 1.8 A reference to writing or written excludes fax but includes email unless expressly provided otherwise in these Conditions.
  • 1.9 Headings are for convenience only and shall not affect the interpretation of these Conditions.
  • 1.10 Words in the singular include the plural and vice versa and reference to any gender includes all genders.

2 ACCEPTANCE OF VEHICLES BY ON SALE AUCTIONS LIMITED

  • 2.1 In order for ON SALE AUCTIONS LIMITED to enter a Vehicle into an Auction, the Seller shall:
    • 2.1.1 make the Vehicle available for Auction (whether through delivery to the site of the Auction, another location notified to the Seller by ON SALE AUCTIONS LIMITED, or otherwise);
    • 2.1.2 provide the Vehicle registration document (Form V5) or any substitute for that document approved in writing by ON SALE AUCTIONS LIMITED (and provision of any such document to ON SALE AUCTIONS LIMITED by email shall be sufficient for this purpose);
    • 2.1.3 provide any subsisting test or plating or other document relating to the Vehicle;
    • 2.1.4 make available the keys (whether physical or digital), codes, fobs, passwords or other devices, data or items necessary to unlock and/or operate the Vehicle; and
    • 2.1.5 subject to Condition 4, provide to ON SALE AUCTIONS LIMITED the Entry Data fully completed and signed or otherwise validated by the Seller. Where the Seller provides the Entry Data to ON SALE AUCTIONS LIMITED online, the Seller’s email address will be recorded by ON SALE AUCTIONS LIMITED. Any and all Entry Data and other information relating to a Vehicle received by ON SALE AUCTIONS LIMITED from the Seller’s recorded email address shall be deemed to be provided by or on behalf of the Seller.
    • 2.2 ON SALE AUCTIONS LIMITED may (in its absolute discretion):
      • 2.2.1 enter a Vehicle into an Auction even where the Seller
      • fails to comply with one or more of the Conditions at 2.1.1 - 2.1.5; or
    • 2.2.2 refuse to enter a Vehicle into an Auction if the Seller has failed to comply with any of the Conditions at 2.1.1 - 2.1.5.
  • 2.3 Vehicles advertised for sale may have been used for business purposes and/or by multiple users. Previous ownership, whilst indicative of use, is not conclusive. ON SALE AUCTIONS LIMITED shall not be liable to the Buyer as a result of any Vehicle having been used by the Seller or any previous registered keeper for business purposes and/or such Vehicle having been used by multiple users.
  • 2.4 The Seller acknowledges that ON SALE AUCTIONS LIMITED may use the Seller’s details, and may share the Seller’s details, in each case for legitimate business purposes, including (but not limited to) due diligence screening and the prevention, detection and investigation of possible or actual crime. Such due diligence screening may include (but is not limited to) identification checks, credit checks and sanctions screening. In addition, ON SALE AUCTIONS LIMITED shall have the right to provide either party to a Contract for Sale in respect of a Vehicle with the name, address, telephone number and email address of the other party to such contract.

3 SELLER’S WARRANTIES AND ENTRY DATA

3.1 In respect of each Vehicle, the Seller warrants and represents to ON SALE AUCTIONS LIMITED and the Buyer that, unless specifically stated otherwise by the Seller in the Entry Data:

  • 3.1.1 the Seller has the absolute right to sell the unencumbered legal and beneficial interest in the Vehicle free from all liens, charges, encumbrances and third party claims;
  • 3.1.2 if ON SALE AUCTIONS LIMITED sells the Vehicle at the Auction or by Private Treaty Sale, such sale will conform in every respect with the terms implied by the Sale of Goods Act 1979, Sections 12(1) and 12(2) (implied terms about title);
  • 3.1.3 the Vehicle bears its proper registration mark and vehicle identification number;
  • 3.1.4 the Vehicle has not been treated by an insurance company as a Total Loss;
  • 3.1.5 the Vehicle has not sustained Serious Accident Damage;
  • 3.1.6 the Vehicle has not been used by the police and has not been used as a licensed hackney carriage/taxi or private hire vehicle;
  • 3.1.7 the Vehicle has not been re-registered or imported;
  • 3.1.8 the Vehicle has not sustained flood damage;
  • 3.1.9 the Vehicle has not been stolen and subsequently recovered;
  • 3.1.10 the odometer reading is not warranted;
  • 3.1.11 there are no known inaccuracies in relation to the Vehicle’s mileage;
  • 3.1.12 all keys (whether physical or digital), codes, fobs, passwords or other devices, data or items necessary to unlock and/or operate the Vehicle are in full working order or are valid (as the case may be);
  • 3.1.13 if the Vehicle carries a cherished registration plate which is to remain assigned to the Vehicle, the Seller has the absolute right to sell the right to use that plate along with the Vehicle;
  • 3.1.14 the Vehicle is in such a condition as will allow it to be lawfully used upon the road immediately on its sale in an Auction; and
  • 3.1.15 the Vehicle is to be sold without a Reserve Price.
  • 3.2 If the Vehicle carries a cherished registration plate which is not to be sold with the Vehicle, the Seller shall confirm that fact in the Entry Data and shall make the necessary arrangements validly to retain the plate.
  • 3.3 The Seller further warrants and represents to ON SALE AUCTIONS LIMITED and the Buyer that the Entry Data is entirely accurate and contains details of any known major mechanical faults. The Seller shall make any and all amendments or updates to the Entry Data as necessary to ensure that the Entry Data is accurate as at the Point of Sale.
  • 3.4 The Seller agrees that ON SALE AUCTIONS LIMITED may (but is not obliged to) publish before the Auction (by whatever means ON SALE AUCTIONS LIMITED deems appropriate) and to announce at the Auction any information contained in the Entry Data or supplied by the Seller, any fair summary of any such information, and any fair description of the appearance of the Vehicle.
  • 3.5 Where a Seller offers a Vehicle for sale via online Auction in circumstances where the Vehicle is not physically present on ON SALE AUCTIONS LIMITED premises, the Seller:
    • 3.5.1 shall:
      • 1. a) ensure that the person(s) in whose possession and/or control the Vehicle remains is/are aware and understand(s) the implications of the fact that the Vehicle is being so offered for sale; and
      • 2. b) not enter into a contract (“Third Party Contract”) for the sale of the Vehicle otherwise than via the Auction whilst it is being so offered; and
    • 3.5.2 acknowledges that, if they breach Condition 3.5.1b), they may incur legal liabilities to one or more Buyers, ON SALE AUCTIONS LIMITED and any purchaser under the Third Party Contract.

4 COMPLETION OF ENTRY DATA BY ON SALE AUCTIONS LIMITED ON THE SELLER’S BEHALF

    • 4.1 This Condition 4 shall apply if the Seller requests ON SALE AUCTIONS LIMITED to complete all or any part of the Entry Data on the Seller’s behalf and ON SALE AUCTIONS LIMITED agrees to do so.
    • 4.2 ON SALE AUCTIONS LIMITED may agree with the Seller that ON SALE AUCTIONS LIMITED will, on behalf of the Seller, complete all or part of the Seller’s Entry Data in respect of a specified Vehicle. No such agreement shall be implied by reason only of the fact that ON SALE AUCTIONS LIMITED has accepted a Vehicle into the Auction without any Entry Data or with incomplete Entry Data.
  • 4.3 If ON SALE AUCTIONS LIMITED agrees with the Seller to complete all or part of the Seller’s Entry Data in respect of a specified Vehicle in accordance with Condition 4.2:
  • 4.3.1 the Seller shall remain liable for the accuracy of the Entry Data unless ON SALE AUCTIONS LIMITED makes an error in following the Seller’s instructions in respect of the Entry Data, in which case Condition 4.3.6 will apply;
  • 4.3.2 unless the Seller has notified ON SALE AUCTIONS LIMITED in writing (including email) to the contrary (either generally or in respect of any particular Vehicle), ON SALE AUCTIONS LIMITED shall complete the relevant Entry Data and the Seller shall be deemed to give all of the warranties and representations set out in Condition 3.1 in relation to the relevant Vehicle;
  • 4.3.3 if the Seller cannot give any of the warranties and representations set out in Condition 3.1, the Seller must notify ON SALE AUCTIONS LIMITED promptly in writing (including email) prior to ON SALE AUCTIONS LIMITED completing the Entry Data on behalf of the Seller and, in any event, prior to the Vehicle being entered into the Auction. The Seller shall indemnify ON SALE AUCTIONS LIMITED against all costs, liabilities, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by ON SALE AUCTIONS LIMITED arising out of or in connection with the Seller’s failure to notify ON SALE AUCTIONS LIMITED in accordance with this Condition 4.3.3 that it cannot give any of the warranties and representations set out in Condition 3.1;
  • 4.3.4 the Seller may instruct ON SALE AUCTIONS LIMITED to enter all or any Vehicle(s) in the Auction “As Is” or may instruct ON SALE AUCTIONS LIMITED as to the mechanical condition of a Vehicle, in which event ON SALE AUCTIONS LIMITED shall complete the Entry Data relating to that Vehicle in accordance with such instructions. The Seller shall be responsible for the accuracy of such instructions and shall indemnify ON SALE AUCTIONS LIMITED against all costs, liabilities, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by ON SALE AUCTIONS LIMITED arising out of or in connection with the accuracy of such instructions;
  • 4.3.5 where no directions or instructions have been given in respect of any particular Vehicle’s mechanical condition, ON SALE AUCTIONS LIMITED may, but is not obliged to:
    • 1. a) insert details of the Vehicle’s mechanical condition in the Entry Data provided that it has first satisfied itself as to the mechanical condition of the Vehicle and as to whether it can be used lawfully upon the road; or
    • 2. b) enter the Vehicle into the Auction “As Is”; and
  • 4.3.6 ON SALE AUCTIONS LIMITED shall have no liability to the Seller or to the Buyer as a result of any inaccuracy in the Entry Data or in any publication or announcement based on the Entry Data unless and to the extent that ON SALE AUCTIONS LIMITED has made an error when following the Seller’s instructions in respect of such Entry Data or announcement. In that event, the Seller’s and the Buyer’s sole remedy against ON SALE AUCTIONS LIMITED shall be a contractual claim for breach of these Conditions. Any such claim shall be subject always to the limitations on ON SALE AUCTIONS LIMITED’s liability set out in Condition 10.

5 VEHICLE DOCUMENTS

  • 5.1 If ON SALE AUCTIONS LIMITED accepts a Vehicle into an Auction despite the failure of the Seller to deliver to ON SALE AUCTIONS LIMITED either the Vehicle registration document or a substitute for that document approved by ON SALE AUCTIONS LIMITED in accordance with Condition 2.1.2, the fact that no such document has been delivered to ON SALE AUCTIONS LIMITED shall be disclosed in the relevant Pre-Sale Vehicle Information and/or announced by the Auctioneer.
  • 5.2 If ON SALE AUCTIONS LIMITED accepts a Vehicle into Auction and the Seller informs ON SALE AUCTIONS LIMITED that there are subsisting test or plating documents relating to the Vehicle which have not been delivered by the Seller to ON SALE AUCTIONS LIMITED in accordance with Condition 2.1.3, the fact that such document or documents have not been delivered shall be disclosed in the relevant Pre-Sale Vehicle Information and/or announced by the Auctioneer.
  • 5.3 In the event of a disclosure in the relevant Pre-Sale Vehicle Information and/or an announcement by the Auctioneer under Condition 5.1 or 5.2:
  • 5.3.1 neither the Seller nor ON SALE AUCTIONS LIMITED shall be under any obligation to procure, deliver or produce any document to which the disclosure in the Pre-Sale Vehicle Information and/or the announcement relates; and
  • 5.3.2 if any document to which the disclosure in the Pre-Sale Vehicle Information and/or the announcement relates subsequently comes into the possession of ON SALE AUCTIONS LIMITED, the only obligation on ON SALE AUCTIONS LIMITED shall be to post it to the Buyer at the address recorded for the Buyer on the purchase invoice for the Vehicle.

6 RESERVE PRICES

  • 6.1 ON SALE AUCTIONS LIMITED may (in its absolute discretion) enter the Vehicle into the Auction without a Reserve Price if:
    • 6.1.1 the Entry Data relating to the Vehicle does not contain a Reserve Price; and
    • 6.1.2 in reasonable time before the relevant Auction commences, the Seller has not otherwise notified ON SALE AUCTIONS LIMITED in writing of any Reserve Price (email, receipt and acceptance of which has been notified by ON SALE AUCTIONS LIMITED to the Seller, shall be sufficient for this purpose).
  • 6.2 Where the Seller specifies a Reserve Price, this shall be deemed to be inclusive of VAT (where applicable) unless the Seller otherwise notifies ON SALE AUCTIONS LIMITED in writing (email, receipt and acceptance of which has been notified by ON SALE AUCTIONS LIMITED to the Seller, shall be sufficient for this purpose).
  • 6.3 The Reserve Price specified in the Entry Data may not be qualified in any way, and the Auctioneer may (in their absolute discretion) disregard anything in the Entry Data (or any other instruction from the Seller, whether in writing or otherwise) which purports to qualify a Reserve Price.
  • 6.4 When a Vehicle is entered into an Auction with a Reserve Price:
    • 6.4.1 the Vehicle will not be sold unless the highest bid meets or exceeds the Reserve Price (except if the Seller authorises a sale during the bidding); and
    • 6.4.2 the Auctioneer shall not be obliged to announce that Reserve Price unless they withdraw the Vehicle because it has not reached its Reserve Price.

7 THE CONDUCT OF THE AUCTION

  • 7.1 The Auctioneer, without giving any reasons, may refuse to accept any bid and may regulate the bidding generally as they see fit.
  • 7.2 A Contract for Sale between the Buyer and the Seller for the Vehicle shall be formed at the Point of Sale. Ownership of the Vehicle shall pass in accordance with Condition 18. Risk in the Vehicle shall pass in accordance with Condition 19.1.
  • 7.3 If any dispute arises during the bidding or a dispute arises after the Point of Sale as to what bids were made or by whom, such dispute shall be referred to the Auctioneer for their decision. The Auctioneer’s decision (for which no reason need be given) shall be final, and the Auctioneer shall have absolute discretion to cancel the Contract for Sale and to offer the Vehicle for sale either during the same Auction, or in a subsequent Auction or other sale process.
  • 7.4 If the Auctioneer exercises their discretion to cancel a Contract for Sale in accordance with Condition 7.3, neither the Buyer nor the Seller shall be entitled to rely on the original Contract for Sale for any purpose whatsoever, except that the Buyer shall be entitled to the return of any money which they may have paid in connection with such original Contract for Sale.
  • 7.5 The Seller may:
    • 7.5.1 withdraw a Vehicle from the Auction at any time before the Point of Sale; or
    • 7.5.2 bid for a Vehicle themselves up to the Reserve Price for the Vehicle.
  • 7.6 The Auctioneer and other employees of ON SALE AUCTIONS LIMITED may accept written (but not oral) or online instructions to bid on behalf of prospective Buyers but are not obliged to accept such instructions. Any such instructions which are accepted are at the prospective Buyer’s risk.
  • 7.7 The Auctioneer shall have absolute discretion to withdraw a Vehicle from an Auction if in their opinion:
    • 7.7.1 the bidding does not reach a reasonable level; or
    • 7.7.2 there are other reasonable grounds for withdrawing the Vehicle.
  • 7.8 The Buyer acknowledges that ON SALE AUCTIONS LIMITED may use the Buyer’s details, and may share the Buyer’s details, in each case for legitimate business purposes, including (but not limited to) due diligence screening and the prevention, detection and investigation of possible or actual crime. Such due diligence screening may include (but is not limited to) identification checks, credit checks and sanctions screening. In addition, ON SALE AUCTIONS LIMITED shall have the right to provide either party to a Contract for Sale in respect of a Vehicle with the name, address, telephone number and email address of the other party to such contract.
  • 7.9 Save as otherwise expressly provided in these Conditions, the Auctioneer shall have absolute discretion in relation to offering the Vehicle for sale, including in relation to:
    • 7.9.1 the place and date of the Auction at which the Vehicle is offered for sale, including cancelling or rescheduling the Auction at which the Vehicle is offered for sale;
    • 7.9.2 the format and the type of the Auction at which the Vehicle is offered for sale; and
    • 7.9.3 the manner in which the Auction is conducted.

8 “AS IS” VEHICLES

  • 8.1 Subject only to:
    • 8.1.1 Condition 9.2 (terms of Contract for Sale);and
    • 8.1.2 Condition 11 (ON SALE AUCTIONS LIMITED Warranties), each Vehicle shall be sold “As Is” unless specifically stated otherwise in the Entry Data and/or the Pre-Sale Vehicle Information. The Auctioneer may, but is not obliged to, announce that a Vehicle is being sold “As Is.”

9 THE CONTRACT FOR SALE

  • 9.1 The parties to the Contract for Sale are the Buyer and the Seller. ON SALE AUCTIONS LIMITED is not a party to the Contract for Sale and is not liable for any breach of such contract by either the Buyer or the Seller.
  • 9.2 It shall be a term of the Contract for Sale that:
    • 9.2.1 unless otherwise disclosed in the relevant Pre-Sale Vehicle Information or indicated otherwise by the Auctioneer, the Seller represents and warrants to the Buyer that the Vehicle:
      • 1. a) has not been treated by an insurance company as a Total Loss;
      • 2. b) has not sustained Serious Accident Damage;
      • 3. c) has not been used by the police or as a licensed hackney carriage/taxi or private hire vehicle;
      • 4. d) has not been re-registered or imported;
      • 5. e) has not sustained flood damage;
      • 6. f) has not been stolen and subsequently recovered;
      • 7. g) is in such a condition as will allow it to be lawfully used upon the road immediately on its sale in an Auction; and
  • 9.2.2 unless provided otherwise in these Conditions, any description applied to the Vehicle by the Auctioneer or disclosed in the relevant Pre-Sale Vehicle Information (subject to any qualifications or corrections to such Pre-Sale Vehicle Information announced by the Auctioneer) shall be reasonably accurate.
  • 9.3 When a Vehicle is described as having no major mechanical defects, that description shall be construed as meaning that there is no major mechanical defect in (but only in) the engine, gearbox, clutch, brakes, steering and transmission of the Vehicle. The parties agree that, in determining the accuracy of the description “no major mechanical defects”, the age and, if warranted by the Seller, the mileage of the Vehicle shall be taken into account.
  • 9.4 Other than as set out in this Condition 9 and as set out in Condition 11 (ON SALE AUCTIONS LIMITED Warranties), all conditions, warranties and other terms (whether express or implied and whether implied by statute, common law, custom or otherwise) are excluded from the Contract for Sale to the extent permitted by Applicable Law.

10 LIMITS ON LIABILITY

  • 10.1 Nothing in these Conditions shall limit or exclude the liability or remedy of any party for:
    • 10.1.1 death or personal injury caused by its negligence, or that of its employees, agents or sub-contractors; or
    • 10.1.2 fraud or fraudulent misrepresentation; or
    • 10.1.3 any act, omission or matter, liability for which may not be excluded or limited under Applicable Law.
  • 10.2 Nothing in these Conditions shall limit or exclude the liability of the Seller or remedy of any other party for breach of any obligation as to title implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
  • 10.3 Subject to Condition 10.1:
    • 10.3.1 ON SALE AUCTIONS LIMITED shall not be liable to the Buyer or Seller whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, or otherwise, for:
      • 1. a) loss of profits;
      • 2. b) loss of sales or business;
      • 3. c) loss of agreements or contracts;
      • 4. d) loss of anticipated savings;
      • 5. e) loss of use or corruption of software, data or information;
      • 6. f) loss of or damage to goodwill;
      • 7. g) pure economic loss; and/or
      • 8. h) indirect or consequential loss.
    • 10.3.2 ON SALE AUCTIONS LIMITED’s total liability to the Buyer and the Seller arising under or in connection with the sale and purchase of any Vehicle, and the provision of the Auction and related services, whether arising in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, shall in all circumstances be limited to the Price paid for the Vehicle by the Buyer and shall be subject to the Buyer and/or the Seller notifying ON SALE AUCTIONS LIMITED of a claim in writing (and email shall be sufficient) within the applicable time limits specified in these Conditions, or if no such time limit is specified, within 6 months after the date of the Contract for Sale.
      • 10.4 The Buyer agrees and acknowledges that the exclusions of liability contained in these Conditions (whether for the benefit of the Seller and/or ON SALE AUCTIONS LIMITED) are fair and reasonable.
      • 10.5 The Seller agrees and acknowledges that the exclusions of liability contained in these Conditions are fair and reasonable.

11 ON SALE AUCTIONS LIMITED WARRANTIES

  • 11.1 In relation to each Vehicle entered into an Auction and by ON SALE AUCTIONS LIMITED as Auctioneer, ON SALE AUCTIONS LIMITED warrants to the Buyer that: 8
    • 11.1.1 the Vehicle has been accepted by ON SALE AUCTIONS LIMITED into the Auction in good faith;
    • 11.1.2 the Seller has the absolute right to sell the unencumbered legal and beneficial interest in the Vehicle;
    • 11.1.3 if and to the extent announced by the Auctioneer or disclosed in the Pre-Sale Vehicle Information that a Vehicle’s mileage is warranted, the Vehicle’s mileage indicated by the odometer can be considered accurate. Otherwise, ON SALE AUCTIONS LIMITED gives no warranty as to the Vehicle’s mileage and the Vehicle is sold on the basis that any indication of the Vehicle’s mileage given by the Vehicle’s odometer may be inaccurate. If the Buyer discovers any mileage discrepancies after sale of a Vehicle without warranted mileage, then it is the Buyer’s responsibility to investigate and resolve these, and neither ON SALE AUCTIONS LIMITED nor the Seller accepts any liability in respect of any such discrepancies;
    • 11.1.4 unless the Vehicle is sold and purchased “As Is,” the Auctioneer will announce, and/or the relevant Pre- Sale Vehicle Information will disclose, (if applicable) that the Vehicle:
      • 1. a) has been treated by an insurance company as a Total Loss;
      • 2. b) has sustained Serious Accident Damage;
      • 3. c) has been used by the police or as a licensed hackney carriage/taxi or private hire vehicle;
      • 4. d) has been re-registered or imported;
      • 5. e) has sustained flood damage;
      • 6. f) has been stolen and subsequently recovered; and/or
      • 7. g) is not in a condition as would allow it to be lawfully used upon the road immediately on its sale in an Auction; and
  • 11.1.5 unless the Vehicle is sold and purchased “As Is”, the Auctioneer will announce, or the relevant Pre-Sale Vehicle Information will disclose, details of any major mechanical defect declared in the Entry Data.
  • 11.2 In the event of any breach of the warranties set out in Conditions 11.1.1 to 11.1.5, the Buyer’s sole remedy against ON SALE AUCTIONS LIMITED shall be a contractual claim for breach of these Conditions. Any such claim shall be subject always to the limitations on ON SALE AUCTIONS LIMITED’s liability set out in Condition 10.
  • 11.3 Except as expressly stated in these Conditions, ON SALE AUCTIONS LIMITED gives or makes no undertaking, representation or warranty with regard to any Vehicle.

12 SELLER INDEMNITY

  • 12.1 If any undertaking, representation or warranty is found to have been given or made by ON SALE AUCTIONS LIMITED in good faith and as a result of:
    • 12.1.1 anything which ON SALE AUCTIONS LIMITED or the Auctioneer is authorised to publish or announce under Condition 3.4 (Entry Data); or
    • 12.1.2 a fair and reasonable description based on the appearance of the Vehicle;
  • then such undertaking, representation or warranty shall be deemed to be given or made by the Seller. The Seller shall indemnify ON SALE AUCTIONS LIMITED against all costs, liabilities, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by ON SALE AUCTIONS LIMITED arising out of or in connection with any undertaking, representation or warranty given or made by ON SALE AUCTIONS LIMITED on behalf of the Seller in accordance with this Condition 12.1.

13 BUYER WARRANTIES AND ACKNOWLEDGMENTS

  • 13.1 The Buyer warrants and represents to ON SALE AUCTIONS LIMITED that, if it participates in any online Auction, it does so in the course of business and not as a private consumer. Accordingly, the Consumer Contracts (Information, Cancellation and Additional Charges) Protection Regulations 2013, the Consumer Rights Act 2015, any other consumer protection legislation enacted from time to time, or common law relating to consumer protection, or any
  • subsequent modification or re-enactment thereof, shall not apply to the sale and purchase of Vehicles pursuant to these Conditions.
  • 13.2 The Buyer shall, before bidding on any Vehicle at the Auction, satisfy themselves regarding the value and condition of the Vehicle by inspecting it (if applicable) and/or making such other background checks as a reasonable Buyer would make.
  • 13.3 If a cherished registration plate is assigned to the Vehicle at the date of the Auction but is not to be purchased with the Vehicle:
    • 13.3.1 this fact will be disclosed in the Pre-Sale Vehicle Information and/or announced by the Auctioneer; and
    • 13.3.2 the Buyer will be obliged to co-operate in the retention of the cherished registration plate by the Seller.
  • 13.4 The Buyer warrants and represents to ON SALE AUCTIONS LIMITED that all information provided by them to ON SALE AUCTIONS LIMITED (whether as part of the Buyer On-Boarding Process or otherwise, and including, but not limited to, proof of identity) shall be true, accurate and complete. The Buyer shall notify ON SALE AUCTIONS LIMITED of any changes or updates to such information as soon as reasonably practicable after any such change or update occurs.
  • 13.5 ON SALE AUCTIONS LIMITED reserves the right to suspend or withdraw the Buyer’s account with ON SALE AUCTIONS LIMITED at any time and for any reason, and without being obliged to give any reasons for any such suspension or withdrawal to the Buyer.

14 UNROADWORTHY AND DEFECTIVE VEHICLES

  • 14.1 The Buyer agrees that if a Vehicle:
    • 14.1.1 is in such a condition (whether by reason of its construction, the state of its brakes, steering, tyres, lighting equipment, reflectors or other parts) that it is unroadworthy or cannot otherwise be used lawfully on a road; and/or
    • 14.1.2 does not have a valid Driver and Vehicle Standards Agency MOT test certificate or plating document or any other document required by law, then the Buyer will not use the Vehicle on any road or remove it under its own power from the place at which it is located at the time of the Auction until it is roadworthy, can be used lawfully on the road and has all necessary documents.
  • 14.2 The Buyer shall, on ON SALE AUCTIONS LIMITED’s request, provide a written undertaking (in a form acceptable to ON SALE AUCTIONS LIMITED) to comply with all duties and obligations imposed on them in respect of the Vehicle by the Road Traffic Act 1972, the Health and Safety at Work etc. Act 1974, any subsequent modification of or re-enactment of either Act or by any other legislation affecting the use of the Vehicle. If the Buyer fails to provide such an undertaking upon request, ON SALE AUCTIONS LIMITED shall be entitled absolutely to cancel the Contract for Sale. The Vehicle shall then be offered for sale either during the same Auction, or a subsequent Auction or other sale process.

15 RESCISSION

15.1 The Seller and the Buyer agree that, without prejudice to any other rights or remedies which the Buyer may have against the Seller, ON SALE AUCTIONS LIMITED shall be entitled to, and shall accept a request made by the Buyer to, rescind a Contract for Sale (“Rescission Request”), provided that the conditions set out at Condition 15.2 are met and that the Buyer’s Rescission Request is based on one or more of the following grounds:

15.1.1 the Vehicle has been treated by an insurance company as a Total Loss but this fact was neither disclosed in the Vehicle Pre-Sale Vehicle Information nor announced by the Auctioneer; or

15.1.2 the Vehicle was not sold and purchased “As Is” and:

  • a) the Vehicle has sustained Serious Accident Damage but this fact was neither disclosed in the relevant Pre-Sale Vehicle Information nor announced by the Auctioneer; or
  • b) the Vehicle was used by the police or was used as a licensed hackney carriage/taxi or private hire Vehicle but this fact was neither disclosed in the relevant Pre-Sale Vehicle Information nor announced by the Auctioneer; or
  • c) the Vehicle was re-registered or imported but this fact was neither disclosed in the relevant PreSale Vehicle Information nor announced by the Auctioneer; or
  • d) the Vehicle has sustained flood damage but this fact was neither disclosed in the relevant Pre- Sale Vehicle Information nor announced by the Auctioneer; or
  • e) the Vehicle was stolen and recovered prior to sale at Auction but this fact was neither disclosed in the relevant Pre-Sale Vehicle Information nor announced by the Auctioneer; or
  • f) the Vehicle was not in such a condition as would allow it to be lawfully used upon the road but this fact was neither disclosed in the relevant Pre-Sale Vehicle Information nor announced by the Auctioneer; or
  • g) the relevant Pre-Sale Vehicle Information did not disclose, or the Auctioneer did not refer to, a major mechanical defect in the engine, the gearbox, the clutch, the brakes, the steering or the transmission, of the Vehicle but such major mechanical defect exists; or
  • h) the relevant Pre-Sale Vehicle Information or the Auctioneer materially misrepresented the mechanical condition of the engine, the gearbox, the clutch, the brakes, the steering or the transmission, of the Vehicle; or
  • i) it was announced by the Auctioneer or disclosed in the relevant Pre-Sale Vehicle Information that a Vehicle’s mileage was warranted but such mileage was not reasonably accurate; or
  • j) the age of the Vehicle was misrepresented either in the relevant Pre-Sale Vehicle Information or by the Auctioneer.
  • 15.2 The conditions that must be met under Condition 15.1 for ON SALE AUCTIONS LIMITED to be obliged to accept a Rescission Request are:
    • 15.2.1 the Buyer has not made any onward sale of the Vehicle;
    • 15.2.2 the Buyer has returned the Vehicle (if applicable) and submitted written notice of their claim to the ON SALE AUCTIONS LIMITED Customer Claims Team (details of which can be found on the ON SALE AUCTIONS LIMITED Website) within the time specified at Condition 15.3, time being of the essence;
    • 15.2.3 when written notice of a claim is given under Condition 15.2.2, the Buyer is not in breach of any obligation as to payment which has by then arisen under Condition 18 (Passing of Ownership of the Vehicle); and
    • 15.2.4 in the opinion of ON SALE AUCTIONS LIMITED, the grounds for rescission, or any of them, specified by the Buyer are substantially correct.

15.3 The applicable time limits for any claim under this Condition 15 are as follows:

  • 15.3.1 for claims under Conditions 15.1.1 (undisclosed Total Loss), 15.1.2a) (undisclosed Serious Accident Damage, 15.1.2b) (undisclosed use as a police vehicle or licensed hackney carriage/taxi or private hire Vehicle), 15.1.2c) (undisclosed re-registration or import), 15.1.2d) (undisclosed flood damage), 15.1.2e) (undisclosed theft and recovery prior to sale) or 15.1.2f) (unroadworthy Vehicles), the Buyer must submit notice of their Rescission Request to the ON SALE AUCTIONS LIMITED Customer Claims Team within forty-eight (48) hours after delivery of the Vehicle if the delivery was made by or through ON SALE AUCTIONS LIMITED or within forty-eight (48) hours after collection of the Vehicle in any other case;
  • 15.3.2 for claims under Conditions 15.1.2g) (undisclosed major mechanical defect) or 15.1.2h) (material misrepresentation of mechanical condition), the Buyer must submit notice of their Rescission Request to the ON SALE AUCTIONS LIMITED Customer Claims Team within forty-eight (48) hours after delivery of the Vehicle if the delivery was made by or through ON SALE AUCTIONS LIMITED or within forty-eight (48) hours after collection of the Vehicle in any other case; or
  • 15.3.3 for claims under Conditions 15.1.2i) (inaccuracy of warranted mileage) or 15.1.2j) (inaccurate age), the Buyer must submit notice of their Rescission Request to the ON SALE AUCTIONS LIMITED Customer Claims Team within five (5) days after delivery of the Vehicle if the delivery was made by or through ON SALE AUCTIONS LIMITED or within five (5) days after collection of the Vehicle in any other case, and details of how to contact the ON SALE AUCTIONS LIMITED Customer Claims Team can be found on the ON SALE AUCTIONS LIMITED Website.

15.4 ON SALE AUCTIONS LIMITED shall have absolute discretion to waive all or any of the conditions set out at Condition 15.2.

15.5 ON SALE AUCTIONS LIMITED shall have no liability to the Seller by reason of the fact that a Contract for Sale has been rescinded pursuant to this Condition 15, except where liability cannot be excluded by Applicable Law.

16 ON SALE AUCTIONS LIMITED ASSIGNED CONDITION GRADE AND/OR VEHICLE APPRAISAL REPORT

  • 16.1 Where ON SALE AUCTIONS LIMITED (or a third party on ON SALE AUCTIONS LIMITED’s behalf) has provided a Vehicle appraisal report in respect of, and assigned a body condition grade to, a Vehicle, then ON SALE AUCTIONS LIMITED shall not be liable to the Buyer or the Seller for any omission from, or inaccuracy in the information presented in, the Vehicle appraisal report unless any such omission or inaccuracy is of such magnitude that, had it been taken into account when assigning the condition grade to the Vehicle, the condition grade assigned would have been inferior to that actually assigned to the Vehicle.
  • 16.2 In that event, the Seller’s and the Buyer’s sole remedy against ON SALE AUCTIONS LIMITED shall be a contractual claim for breach of these Conditions. Any such claim shall be subject always to the limitations on ON SALE AUCTIONS LIMITED’s liability set out in Condition 10, and ON SALE AUCTIONS LIMITED’s total liability for such omission from, or inaccuracy in the information presented in, the Vehicle appraisal report shall in all circumstances be limited to the reasonable cost of rectifying the defect omitted from, or inaccurately described in, the Vehicle appraisal report.
  • 16.3 All claims in respect of the Vehicle appraisal report and assigned condition grade must be made in accordance with the Customer Claims process set out on the ON SALE AUCTIONS LIMITED Website and must be made within twenty-four (24) hours after delivery of the Vehicle if the delivery was made by or through ON SALE AUCTIONS LIMITED or at the time of collection of the Vehicle in any other case.
  • 16.4 Where ON SALE AUCTIONS LIMITED has provided a ON SALE AUCTIONS LIMITED Assured Scheme report, then the ON SALE AUCTIONS LIMITED Assured Scheme Terms and Conditions or ON SALE AUCTIONS LIMITED EV Hybrid Assured Scheme Terms and Conditions (both of which are available on the ON SALE AUCTIONS LIMITED Website) shall apply to such report (as applicable). Except for the items within the scope of the ON SALE AUCTIONS LIMITED Assured Scheme report, the Vehicle shall be deemed sold “As Is” unless otherwise stated in the relevant Entry Data or the relevant Pre-Sale Vehicle Information, or otherwise advised by the Auctioneer.

17 ON SALE AUCTIONS LIMITED CHARGES

and which it may vary from time to time by publishing an updated list of charges on the ON SALE AUCTIONS LIMITED Website. Any variation in the charges shall not apply to sales of Vehicles that have already been completed before the date ON SALE AUCTIONS LIMITED publishes the updated list of charges on the ON SALE AUCTIONS LIMITED Website.

  • 17.2 The list of charges shall include the entry fee payable, the Buyer’s fee (and reference to the Buyer’s fee includes any additional fee for online purchases if applicable), the not sold fee, the storage/parking fees, the V5 handling fee, the ON SALE AUCTIONS LIMITED Assured Scheme report fee, and the commission payable by reference to the Price, together with any other applicable charges.
  • 17.3 All charges payable to ON SALE AUCTIONS LIMITED by the Seller and the Buyer are exclusive of amounts in respect of value added tax chargeable from time to time (“VAT”). Where any taxable supply for VAT purposes is made by ON SALE AUCTIONS LIMITED to the Seller or the Buyer, the Seller or the Buyer shall, on receipt of a valid VAT invoice from ON SALE AUCTIONS LIMITED, pay to ON SALE AUCTIONS LIMITED such additional amounts in respect of VAT as are chargeable on the supply of ON SALE AUCTIONS LIMITED’s services or the Vehicle at the same time as payment is due for the supply of the services or the Vehicle.
  • 17.4 ON SALE AUCTIONS LIMITED may charge the Seller an entry fee when a Vehicle is entered for Auction. If, for any reason, the Vehicle is not sold after being entered into Auction, or subsequently has to be re-sold, ON SALE AUCTIONS LIMITED may charge the Seller a not

sold fee, and a further entry fee in respect of each and every subsequent occasion when the Vehicle is entered into an Auction.

  • 17.5 ON SALE AUCTIONS LIMITED may charge the commission and the Buyer’s fee:
    • 17.5.1 at the Point of Sale, whether or not the Contract for Sale is later rescinded;
    • 17.5.2 when the Seller is also the Buyer;
    • 17.5.3 when the Vehicle is sold by way of Private Treaty Sale; or
    • 17.5.4 when the Vehicle is re-sold pursuant to Conditions 22 (Re-Sale when Seller at Fault) or 23 (Default by the Buyer).
  • 17.6 ON SALE AUCTIONS LIMITED may charge the Buyer an entry fee and commission and the Buyer’s fee on any sub-sale effected by the Buyer at the Auction premises.
  • 17.7 The Seller shall be liable to pay to ON SALE AUCTIONS LIMITED upon demand any entry fee, not sold fee or fees, commission or other sums due to ON SALE AUCTIONS LIMITED whether or not payment is received from the Buyer.
  • 17.8 ON SALE AUCTIONS LIMITED shall be entitled to charge parking fees in accordance with Condition 19.

18 PASSING OF OWNERSHIP OF THE VEHICLE

Ownership of the Vehicle shall not pass to the Buyer, and the Contract for Sale shall not be completed, until the Buyer has paid to ON SALE AUCTIONS LIMITED the Price, the Buyer’s fee, and any other applicable charges in full in cleared funds. Until ownership passes, the Vehicle shall remain the property of the Seller, and the Seller reserves the right to dispose of the Vehicle.

19 RISK AND PARKING FEES

  • 19.1 At all times from the delivery of a Vehicle to ON SALE AUCTIONS LIMITED (whether at the Auction premises or elsewhere) until risk in the Vehicle passes to the Buyer, or the Vehicle is removed by the Seller (including any time during which the Vehicle is being tested or demonstrated on the Auction premises, a public highway or elsewhere), the Vehicle is at the risk of the Seller. From the time when a Contract for Sale is formed under Condition 7.2 (and regardless of the terms of Condition 18 (Passing of Ownership of the Vehicle)), the Vehicle is at the risk of the Buyer.
  • 19.2 Any Vehicle which is not removed from its location at the time of Auction by close of business on the second day after the Auction shall, from that time, incur a parking fee at the then applicable daily rate, and ON SALE AUCTIONS LIMITED shall have a lien on the Vehicle in respect of any unpaid parking fees.
  • 19.3 The Seller shall be liable for parking fees in respect of any Vehicle at the Seller’s risk and the Buyer shall be liable for such parking fees in respect of any Vehicle at the Buyer’s risk.

20 PAYMENT BY THE BUYER

  • 20.1 The Price and the Buyer’s fee (and any other associated fees) must be paid by the Buyer to ON SALE AUCTIONS LIMITED in full in cleared funds before the Vehicle is released to the Buyer.
  • 20.2 Details of acceptable forms of payment can be found on the ON SALE AUCTIONS LIMITED Website.

21 PAYMENT BY ON SALE AUCTIONS LIMITED TO THE SELLER

  • 21.1 ON SALE AUCTIONS LIMITED shall not be obliged to pay the Seller unless and until ON SALE AUCTIONS LIMITED has received payment in full in cleared funds from the Buyer.
  • 21.2 ON SALE AUCTIONS LIMITED may (without notice to the Seller) deduct from, or set off against, any payment made to the Seller:
    • 21.2.1 any unpaid claim which ON SALE AUCTIONS LIMITED may have against the Seller; or
    • 21.2.2 any debt or other liability owed by the Seller to ON SALE AUCTIONS LIMITED (or any other company in the same Group as ON SALE AUCTIONS LIMITED) whether owed under these Conditions or any other agreement between the Seller and ON SALE AUCTIONS LIMITED (or any other company in the same Group as ON SALE AUCTIONS LIMITED), in each case whether present or future, actual or contingent, liquidated or unliquidated, disputed or undisputed and whether owed jointly or severally or in any other capacity and irrespective of the currency of its denomination. Any exercise by ON SALE AUCTIONS LIMITED (or any other company in the same Group as ON SALE AUCTIONS LIMITED) of the rights under this Condition 21.2 shall not limit or affect any other rights or remedies available to them under these Conditions or otherwise.
  • 21.3 Regardless of any other provisions in these Conditions, the Seller agrees that, if ON SALE AUCTIONS LIMITED pays to the Seller the Price less any deductions authorised by Condition 21.2 in circumstances where ownership of the Vehicle has not passed to a Buyer at Auction, then the Seller’s title to the Vehicle and all the Seller’s rights arising under and in connection with the Contract for Sale shall immediately be transferred to ON SALE AUCTIONS LIMITED. In such circumstances, and promptly on ON SALE AUCTIONS LIMITED’s request, the Seller shall execute a legal assignment to ON SALE AUCTIONS LIMITED of the Seller’s title to the Vehicle and rights arising under and in connection with the Contract for Sale as necessary to effect the transfer of such rights and title.
  • 21.4 If the Contract for Sale is cancelled under Condition 7 (The Conduct of Auction – cancellation of Contract for Sale) or rescinded under Condition 15 (Rescission), ON SALE AUCTIONS LIMITED shall be entitled to withhold the Price from the Seller and to refund the Price to the Buyer.
  • 21.5 If ON SALE AUCTIONS LIMITED has reasonable grounds to believe:
    • 21.5.1 that the Seller was not entitled to sell the Vehicle; or
    • 21.5.2 that the Seller should have notified ON SALE AUCTIONS LIMITED in the Entry Data or otherwise that they were not the owner of the Vehicle but failed to do so; or
    • 21.5.3 that any facts which the Seller notified to ON SALE AUCTIONS LIMITED in the Entry Data or otherwise concerning the ownership of the Vehicle were inaccurate, then ON SALE AUCTIONS LIMITED shall be entitled to withhold any sum which would otherwise be payable by ON SALE AUCTIONS LIMITED to the Seller until the Seller establishes (to the satisfaction of ON SALE AUCTIONS LIMITED) that the Seller was not in breach of any express or implied term of the Contract for Sale and, if that is not established within a reasonable time (as determined by ON SALE AUCTIONS LIMITED), then ON SALE AUCTIONS LIMITED shall have the right:
    • 1. a) to retain any such sums until all questions of title have been resolved;
    • 2. b) to pay any such sums to anyone who, to the reasonable satisfaction of ON SALE AUCTIONS LIMITED, establishes title to the Vehicle; and
    • 3. c) to interplead and to pay any such sums to Court.

21.6 The Seller shall indemnify ON SALE AUCTIONS LIMITED against all costs, liabilities, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by ON SALE AUCTIONS LIMITED arising out of or in connection with ON SALE AUCTIONS LIMITED retaining any sums in accordance with Condition 21.5.

22 RE-SALE WHEN SELLER AT FAULT

  • 22.1 In the event that :
    • 22.1.1 the Contract for Sale has been rescinded under Condition 15 (Rescission); or
    • 22.1.2 the Vehicle was not sold after being entered into Auction, ON SALE AUCTIONS LIMITED shall notify the Seller of that circumstance (as applicable). If the Seller has failed by the end of the next working day following the date of ON SALE AUCTIONS LIMITED’s notice to instruct ON SALE AUCTIONS LIMITED as to the action which the Seller requires ON SALE AUCTIONS LIMITED to take, then the Seller shall be deemed to have authorised ON SALE AUCTIONS LIMITED to enter that Vehicle into an Auction “As Is” as soon as reasonably practicable (and timing shall be at the sole discretion of ON SALE AUCTIONS LIMITED). The subsequent Auction may be at the Auction premises, online, or any other location.
  • 22.2 For the purposes of Condition 22.1, ON SALE AUCTIONS LIMITED may give notice by email or verbally to the Seller, at the email address or telephone number recorded for the Seller in the Entry Data.

23 DEFAULT BY THE BUYER

  • 23.1 If the Buyer has in any way failed to comply with their obligations to pay for the Vehicle (including but not limited to the Buyer claiming a payment card charge back), ON SALE AUCTIONS LIMITED shall be entitled, but not obliged, to do any one or more of the following:
    • 23.1.1 to sue in ON SALE AUCTIONS LIMITED’s own name for the Price plus any applicable Auction charges;
    • 23.1.2 without prejudice to any other rights which the Seller may have against the Buyer for breach of contract or otherwise, immediately as agent for the Seller to treat the Contract for Sale as having been discharged (i.e. brought to an end) by the Buyer’s breach;
    • 23.1.3 to exercise, in ON SALE AUCTIONS LIMITED’s own name, all the Seller’s rights to end or avoid the Contract for Sale and/or to recover the Vehicle from the Buyer or from anyone to whom the Buyer may have disposed of the Vehicle and/or to claim the Price or damages from the Buyer; and
    • 23.1.4 to re-enter the Vehicle into an Auction, or otherwise offer the Vehicle for sale, and, in all cases, ON SALE AUCTIONS LIMITED shall be entitled to charge an administration fee to the Buyer in respect of ON SALE AUCTIONS LIMITED’s handling of the Buyer’s default. Details of the administration fee can be found on the ON SALE AUCTIONS LIMITED Website.
  • 23.2 If ON SALE AUCTIONS LIMITED is required to give notice to the Buyer to end, avoid or rescind the Contract for Sale, such notice shall be deemed to be given effectively if successfully sent by email to the email address recorded for the Buyer in the Entry Data or invoice. Successful transmission of the notice shall be deemed to have occurred provided that ON SALE AUCTIONS LIMITED does not receive an automated email delivery failure notice. If the Contract for Sale is avoided on grounds of fraud, such notice shall also be deemed to have been given effectively if ON SALE AUCTIONS LIMITED gives notice of the Buyer’s fraud to the police.
  • 23.3 If, through no fault of ON SALE AUCTIONS LIMITED, the Buyer fails to remove the Vehicle from its location for release after 14 days from the date when the Buyer first became entitled to remove the Vehicle, ON SALE AUCTIONS LIMITED shall be entitled to re-enter the Vehicle into an Auction or otherwise offer the Vehicle for sale.
  • 23.4 If ON SALE AUCTIONS LIMITED re-enters a Vehicle into an Auction under Conditions 23.1.4 or 23.3, ON SALE AUCTIONS LIMITED will have absolute discretion to sell the Vehicle on the basis of the original Entry Data or “As Is” and in either case without a Reserve Price.
  • 23.5 ON SALE AUCTIONS LIMITED shall apply the Price received on any Vehicle re-entered into an Auction (“Re-Sale Price”) under Conditions.

23.1.4 or 23.3 to discharge the following debts in the following order:

  • 23.5.1 any sum due to the Seller and/or ON SALE AUCTIONS LIMITED under the original Contract for Sale;
  • 23.5.2 the entry fee, commission and Buyer’s fee due to ON SALE AUCTIONS LIMITED on the re-sale;
  • 23.5.3 parking fees, if any, owed to ON SALE AUCTIONS LIMITED; and
  • 23.5.4 ON SALE AUCTIONS LIMITED’s reasonable charges incurred in connection with re-entering the Vehicle into an Auction or otherwise offering the Vehicle for sale.

23.6 If ownership of the Vehicle has passed to the Buyer before the date of any re-sale of the Vehicle, the balance of the Re-Sale Price, if any, shall be paid to the Buyer. The balance of the Re-Sale Price, if any, shall, otherwise, be paid to the Seller, unless the Seller’s rights have transferred to ON SALE AUCTIONS LIMITED under Condition 21 (Payment by ON SALE AUCTIONS LIMITED to the Seller), in which case the balance of the Re-Sale Price, if any, shall be retained by ON SALE AUCTIONS LIMITED. Except to the extent that the application of the Re-Sale Price has discharged their liability, the original Buyer shall remain liable in respect of any sum owed to ON SALE AUCTIONS LIMITED or to the original Seller under the original Contract for Sale or otherwise.

24 RIGHTS RESERVED TO ON SALE AUCTIONS LIMITED

24.1 ON SALE AUCTIONS LIMITED reserves to itself the following rights, which it may exercise without any reason being given:

  • 24.1.1 to refuse to allow any person to enter the Auction premises or participate in an Auction;
  • 24.1.2 to refuse to allow any Vehicle to be brought onto the Auction premises or to be entered into an Auction;
  • 24.1.3 to require the Seller immediately to remove a Vehicle from the Auction premises and, if the Seller fails to do so, to carry out such removal and to recover the cost of such removal as a debt due from the Seller;
  • 24.1.4 to allocate such lot numbers to Vehicles as ON SALE AUCTIONS LIMITED sees fit and, despite the lot numbers which are allocated, to enter Vehicles into the Auction in such order and at such times as ON SALE AUCTIONS LIMITED sees fit;
  • 24.1.5 to charge interest on any overdue payments owed to it by either the Seller or the Buyer at the then applicable rate under the Late Payment of Commercial Debts (Interest) Act 1998; and
  • 24.1.6 to withdraw or suspend any facility made available by ON SALE AUCTIONS LIMITED to the Seller or the Buyer, including (but not limited to) account-holder rights.

24.2 If, before ON SALE AUCTIONS LIMITED has parted with possession of a Vehicle, a claim is made against ON SALE AUCTIONS LIMITED arising out of, or connected in any way with, the title of the Seller to that Vehicle or their authority to sell or authorise its sale, ON SALE AUCTIONS LIMITED shall be entitled but not obliged to retain the Vehicle and/or withhold payment from the Seller pending the resolution of such claim and/or to refund any money paid to ON SALE AUCTIONS LIMITED by the Buyer.

25 PRIVATE TREATY SALES

  • 25.1 If a Vehicle fails to meet its Reserve Price, ON SALE AUCTIONS LIMITED shall be entitled but not obliged to inform the Seller of the highest bid and to provide facilities and services which the Seller may utilise to make a contract for the sale of the Vehicle to the highest bidder or to any other person interested in the Vehicle.
  • 25.2 For the purposes of these Conditions, a “Private Treaty Sale” means:
    • 25.2.1 any sale resulting from the provision of the above information, facilities or services; or 2.
    • 25.2.2 any other sale of the Vehicle which is agreed as a direct result of the Auction process but is not a sale effected by the fall of the hammer during the Auction.
  • 25.3 When a Private Treaty Sale occurs, ON SALE AUCTIONS LIMITED shall be entitled to commission, the Buyer’s fee and any other applicable fees and, in the case of a Private Treaty Sale described at Condition 25.2.2, an additional entry fee.
  • 25.4 A Private Treaty Sale shall be on such terms as are expressly or by implication agreed by or on behalf of the parties to the Private Treaty Sale, which the Buyer and the Seller acknowledge shall (unless otherwise agreed) reflect the terms offered at the Auction.
  • 25.5 ON SALE AUCTIONS LIMITED is not, and shall not be deemed to be, a party to or liable upon a Private Treaty Sale and shall not incur any liability to any party to the Private Treaty Sale by reason only of the fact that ON SALE AUCTIONS LIMITED has done one or more of the following, namely:
    • 25.5.1 transmitted information or said anything which the Auctioneer could properly have said;
    • 25.5.2 communicated any offer or acceptance;
    • 25.5.3 negotiated a contract without disclosing the name or address of any party;
    • 25.5.4 agreed to reduce its charges;
    • 25.5.5 issued an invoice;
    • 25.5.6 supervised the payment of, or received, the purchase Price; or
    • 25.5.7 supervised the release of a Vehicle.
  • 25.6 Conditions 12 (Seller Indemnity), 14 (Unroadworthy and Defective Vehicles), 16 (ON SALE AUCTIONS LIMITED Assigned Condition Grade and/or Vehicle Appraisal Report), 19 (Risk and Parking Fees) to 24 (Rights Reserved to ON SALE AUCTIONS LIMITED) (inclusive), and 26 (Buyer’s Fee) shall apply to Private Treaty Sales with the following alterations:
    • 25.6.1 references (however expressed) to things disclosed in the Pre-Sale Vehicle Information or said by the Auctioneer shall be taken as references to things so disclosed or said by the Auctioneer when, prior to the Private Treaty Sale, the Vehicle was entered into an Auction; and
    • 25.6.2 references (however expressed) to the Auction at which a Contract for Sale was formed shall be taken as references to the Auction during which the Vehicle was last offered for sale.
    • 25.7 If there is a dispute between the parties to a Private Treaty Sale, ON SALE AUCTIONS LIMITED shall only be obliged to provide each party with the name and address of the other party (to the exclusion of all other information).

26 BUYER’S FEE

  • 26.1 ON SALE AUCTIONS LIMITED shall charge the Buyer and the Buyer shall pay to ON SALE AUCTIONS LIMITED a Buyer’s fee, which will be charged on the Price, in respect of services provided by ON SALE AUCTIONS LIMITED to the Buyer.
  • 26.2 It is a condition of the Contract for Sale and the Private Treaty Sale that when the Buyer pays the Price of the Vehicle pursuant to Condition 20 (Payment by Buyer), they shall also pay to ON SALE AUCTIONS LIMITED the Buyer’s fee then applicable, details of which are available on the ON SALE AUCTIONS LIMITED Website.
  • 26.3 It is a condition of the Contract for Sale or the Private Treaty Sale (as applicable) that, if the Buyer’s fee is not paid as above, the Buyer:
    • 26.3.1 shall not be entitled to have the Vehicle released to them;
    • 26.3.2 shall be deemed for all purposes to have failed to pay the Price in full; and
    • 26.3.3 shall be liable to ON SALE AUCTIONS LIMITED and the Seller to pay the Price in full.

27 VAT

  • 27.1 ON SALE AUCTIONS LIMITED acts on behalf of a Seller as an undisclosed agent (under HMRC rules) raising a sales invoice to the Buyer for the purchase and generating a self-billed invoice on behalf of the Seller for the sale of the Vehicle.
  • 27.2 All Sellers who enter Vehicles for sale at Auction via ON SALE AUCTIONS LIMITED shall enter in to a self-billing agreement with ON SALE AUCTIONS LIMITED where those Vehicles are subject to VAT. The self-billing agreement shall cover any transaction enacted between the parties for as long as those parties continue to trade, which may (to avoid doubt) be a single transaction.
  • 27.3 In advance of the Vehicle being entered into the Auction, the Seller shall notify ON SALE AUCTIONS LIMITED of the appropriate VAT treatment to apply against the Vehicle, using HMRC-based VAT status descriptions as follows:
    • 27.3.1 Margin Scheme - Price does not include VAT and no VAT is to be shown separately on the invoice relating to the Vehicle; or
    • 27.3.2 VAT Qualifying - Price is inclusive of VAT; or
    • 27.3.3 Commercial - Price has VAT added to it (ON SALE AUCTIONS LIMITED also uses the “commercial” category to describe motorcycles where output VAT needs to be accounted for on their sale (“plus VAT”)).
  • 27.4 The Seller shall ensure that each Vehicle is eligible to be treated under the VAT status notified to ON SALE AUCTIONS LIMITED. The Seller shall check the VAT status assigned by ON SALE AUCTIONS LIMITED is correct at the Point of Sale and the Seller acknowledges that ON SALE AUCTIONS LIMITED shall have no liability for any losses arising from or in relation to any inaccuracies in that VAT status. The Seller shall indemnify ON SALE AUCTIONS LIMITED against all costs, liabilities, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by ON SALE AUCTIONS LIMITED arising out of or in connection with any inaccuracies in the VAT status notified to ON SALE AUCTIONS LIMITED by the Seller.
  • 27.5 ON SALE AUCTIONS LIMITED may (in its absolute discretion) withhold payment of the VAT amount to a Seller of VAT qualifying or commercial Vehicles:
    • 27.5.1 until ON SALE AUCTIONS LIMITED is provided with a valid UK VAT registration number by or on behalf of the Seller; and/or
    • 27.5.2 where ON SALE AUCTIONS LIMITED has no self-billing agreement in place with such Seller.
  • 27.6 HMRC rules outline technical distinctions between commercial type Vehicles and passenger cars (VAT Qualifying where subject to VAT). The Seller and ON SALE AUCTIONS LIMITED shall each use reasonable endeavours to ensure the 17 correct VAT status is assigned between Commercial and VAT Qualifying Vehicles. In the event of miscategorisation between these two categories, the VAT status announced at the Point of Sale will prevail on the basis that:
    • 27.6.1 the Buyer can bid according to that status (either knowing inclusive of VAT or VAT to be added);
    • 27.6.2 the Buyer as the tax payer is responsible for assessing if a Vehicle can be categorised as a commercial type Vehicle for their own tax purposes, and ON SALE AUCTIONS LIMITED’s sale categorisation is not to be to relied upon for this purpose;
    • 27.6.3 the Seller can set a gross reserve against a Vehicle; and
    • 27.6.4 HMRC does not suffer any loss of VAT revenue as both VAT statuses result in output VAT being accounted for to HMRC.

28 SPECIAL AUCTIONS

  • 28.1 For the purposes of this Condition 28, “Special Auction” means:
    • 28.1.1 the Auction of a lot which is not a Vehicle; or
    • 28.1.2 an Auction at premises which are not normally used by ON SALE AUCTIONS LIMITED as Auction premises; or
    • 28.1.3 an Auction which is not open to members of the public; or
    • 28.1.4 any section of an Auction into which a Vehicle can only be entered if either or both of the following conditions apply:
      • a) the Vehicle has a likely selling Price in excess of a sum specified by ON SALE AUCTIONS LIMITED; and/or
      • b) the Vehicle, according to the Entry Data or to information otherwise provided by the Seller, meets certain requirements specified by ON SALE AUCTIONS LIMITED; or
    • 28.1.5 the Auction of one or more Vehicles to which special conditions published by ON SALE AUCTIONS LIMITED apply.
  • 28.2 In the case of a Special Auction of the type described at Condition 28.1.1, these Conditions shall apply with the following modifications:
    • 28.2.1 the word “Vehicle” shall be replaced with the word “Lot” throughout and shall mean an item, which is not a Vehicle, or group of items offered for sale as one unit;
    • 28.2.2 any part of any Condition which can only apply in the case of a Vehicle shall be disregarded, but the remainder, if any, of the Condition shall continue to have effect;
    • 28.2.3 the Seller may specify a Reserve Price in any manner acceptable to ON SALE AUCTIONS LIMITED;
    • 28.2.4 each Lot shall be sold “As Is” unless the relevant Pre-Sale Lot Information or an announcement made by the Auctioneer states otherwise; and
    • 28.2.5 ON SALE AUCTIONS LIMITED’s charges shall be a matter for negotiation, and ON SALE AUCTIONS LIMITED shall be entitled to charge a storage fee at the same rate and in the same circumstances as the parking fee referred to in Condition 19 (Risk and Parking Fees).

28.3 These (inclusive), except to the extent that they are modified by or are inconsistent with any special conditions published by ON SALE AUCTIONS LIMITED with reference to the Special Auction in question.

Conditions shall apply to all other types of Special Auctions described at Conditions 28.1.2 to 28.1.5

29 GENERAL

29.1 Where Vehicles are sold or purchased, or where ON SALE AUCTIONS LIMITED provides any services under these Conditions, ON SALE AUCTIONS LIMITED may require certain information from a Seller or Buyer (as applicable) which may include personal data (within the meaning of the Data Protection Act 2018). Any/all personal data collected by ON SALE AUCTIONS LIMITED for such purposes shall be processed by ON SALE AUCTIONS LIMITED in accordance with ON SALE AUCTIONS LIMITED’s Privacy Policy, which can be accessed on the ON SALE AUCTIONS LIMITED Website at

  • 29.2 The Seller and the Buyer each agrees and undertakes to keep secure, and not share, any login details which provide them with access to ON SALE AUCTIONS LIMITED’s systems and online platforms. ON SALE AUCTIONS LIMITED shall be entitled to treat all transactions carried out on the Seller’s or the Buyer’s account (as applicable) as legitimate transactions of the Seller or the Buyer (as applicable) and accordingly the Seller or the Buyer (as applicable) shall be liable to ON SALE AUCTIONS LIMITED and (in the case of the Seller) to the Buyer and (in the case of the Buyer) to the Seller in respect of them.
  • 29.3 The Seller and the Buyer agree and acknowledge that the Driver Vehicle and Licencing Agency (“DVLA”) is the controller in respect of any personal data present on the V5 for any Vehicle. The applicable privacy notice of the DVLA governs the processing of any such data. The terms controller, personal data and processing referenced in this Condition 29.3 shall have the meanings given to them by the Data Protection Act 2018.
  • 29.4 Unless there is a specific agreement in writing to the contrary between ON SALE AUCTIONS LIMITED and the Seller, ON SALE AUCTIONS LIMITED shall have no obligation to perform a factory reset on a Vehicle’s system in case personal data (within the meaning of the Data Protection Act 2018) remains present or to remove, or otherwise deal with, personal effects found in a Vehicle.
  • 29.5 Use of the ON SALE AUCTIONS LIMITED Systems shall be subject to the applicable ON SALE AUCTIONS LIMITED’s terms and conditions as set out on the ON SALE AUCTIONS LIMITED Website. ON SALE AUCTIONS LIMITED makes no promises or representations regarding the availability of any ON SALE AUCTIONS LIMITED System.
  • 29.6 Any third party content included in the ON SALE AUCTIONS LIMITED Website or any ON SALE AUCTIONS LIMITED online platform (including, but not limited to, CAP data or HPI data) is provided on an “as is” basis at the time of publication and is not vetted by ON SALE AUCTIONS LIMITED. Accordingly, ON SALE AUCTIONS LIMITED does not accept any liability in respect of such third party content. In particular, HPI Spec Check data is provided by CAPhpi, with all rights reserved to CAPhpi. ON SALE AUCTIONS LIMITED shall not be liable for any errors or omissions in the HPI Spec Check data or for any liability or loss suffered by any person as a result of that person’s use of such data. ON SALE AUCTIONS LIMITED does not warrant that any original specification equipment listed in the HPI Spec Check for any Vehicle still remains fitted to that Vehicle.
  • 29.7 The Seller and the Buyer each agrees that all copyright (including rights in software), trademarks, database rights and any other intellectual property rights in the ON SALE AUCTIONS LIMITED Systems, or any documentation produced or compiled by ON SALE AUCTIONS LIMITED in connection with the sale and purchase of the Vehicles, shall be the property of and belong to ON SALE AUCTIONS LIMITED (and/or its licensors). No rights in any of ON SALE AUCTIONS LIMITED’s intellectual property rights (including trademarks, copyright and logos) are granted to a Seller or a Buyer, other than such limited rights as are strictly necessary for use of the ON SALE AUCTIONS LIMITED Systems, or any documentation produced or compiled by ON SALE AUCTIONS LIMITED in connection with the sale and purchase of the Vehicles.
  • 29.8 Neither the Seller nor the Buyer may copy, reproduce, republish, reverse engineer, commercially exploit or otherwise make use of ON SALE AUCTIONS LIMITED’s intellectual property other than for the strict purpose of using the ON SALE AUCTIONS LIMITED Systems or any documentation produced or compiled by ON SALE AUCTIONS LIMITED in connection with the sale and purchase of the Vehicles.
  • 29.9 These Conditions and the other documents referred to in these Conditions set out the entire agreement between (1) ON SALE AUCTIONS LIMITED and a Seller; (2) ON SALE AUCTIONS LIMITED and a Buyer; and (3) the Seller and the Buyer in relation to the subject-matter of these Conditions. These Conditions supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral, relating to the subject matter of these Conditions. No other person except for the parties to these Conditions shall have any right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to rely upon, or enforce, any term of these Conditions except for Condition 21.2, which can be enforced by any company in the same Group as ON SALE AUCTIONS LIMITED.
  • 29.10 If any provision or part-provision of these Conditions is, or becomes, illegal, invalid or unenforceable then that provision or part-provision, to the extent required, shall be severed from these Conditions and will be ineffective. All other provisions of these Conditions will remain in full force and effect with such modifications as may be necessary to give effect to the remaining Conditions.
  • 29.11 ON SALE AUCTIONS LIMITED may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Conditions. The Seller and Buyer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with their rights and obligations under these Conditions.
  • 29.12 Nothing in these Conditions is intended to, or shall be deemed to, establish any partnership or joint venture, employee-employer, or franchisor-franchisee relationship between ON SALE AUCTIONS LIMITED and either the Seller or the Buyer.
  • 29.13 No failure or delay by a party to exercise any right or remedy provided under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
  • 29.14 Any notice or other communication given to a party under or in connection with these Conditions shall be in writing and shall be:
    • 29.14.1 delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
    • 29.14.2 sent by email to the applicable address specified:
      • 1. a) on the ON SALE AUCTIONS LIMITED Website in the case of ON SALE AUCTIONS LIMITED;
      • 2. b) on the Seller’s account record with ON SALE AUCTIONS LIMITED in the case of the Seller; and
      • 3. c) on the Buyer’s account record with ON SALE AUCTIONS LIMITED in the case of the Buyer.
  • 29.15 Any notice or communication shall be deemed to have been received:
    • 29.15.1 if delivered by hand, at the time the notice is left at the proper address;
    • 29.15.2 if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second business day after posting; or
    • 29.15.3 if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume.
  • 29.16 In Condition 29.15, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt and business days means Monday to Friday on a day that is not a public holiday in the place of receipt. Condition 29.14 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. A notice given under these Conditions is not valid if sent by email, unless expressly provided to the contrary.
  • 29.17 These Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Conditions or their subject matter or formation of the contracts to which they apply shall be governed by and construed in accordance with English Law. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute, disagreement or claim (including non-contractual disputes or claims) arising out of or in connection with these Conditions, their subject matter or formation of the contracts to which they apply.