Terms & Conditions

1 The contractual relationship between Williams Plant Sales Ltd t/a Williams Auctions (registered in England with number 13276130), hereafter known as Williams Auctions and the Purchaser is governed by

1.1 these terms and conditions.

1.2 The information as detailed in the sales catalogue for each auction; and

1.3 Any additional notices and terms printed in the sales catalogue in each case as amended by any saleroom notice or Auctioneer’s announcement.

“Agreement” means this agreement.

“Auction” means an auction undertaken by Williams Auctions.

“Auction Site” means any Williams Auctions premises where the Auction is conducted.

“Auctioneer” means Williams Auctions, its representatives, its staff and person and persons authorised by the Auctioneer to have the conduct of an Auction.

“Deposit” is an amount of money paid by the buyer and held by Williams Auctions before an Auction in order to secure a bidding number and credit limit.

“Bidder” means any person who has registered with the Auctioneer and has in turn been issued with a Bidding Number for an Auction.

“Bidding Number” means the unique bidder number assigned to the Bidder upon registration for an Auction with the Auctioneer.

“Vendor” means the seller of any Lot.

“Commission” means the percentage payment as detailed in clause 5 of this Agreement due upon sale of any lots by the Purchaser to the Auctioneer.

“Lot” means any individual single part of a consignment put up by the Auctioneer for Auction.

“Choice” means more than one lot sold together as a choice.  In some cases, the Auctioneer may announce that any offered “choice” lots must be taken in sale order.  The highest bidder has the option to accept one or all offered choice lots, the hammer price announced will be for each individual lot.

“Pre-Bid” means a bid placed either online or onsite prior to the “Lot” being sold live.

“Hammer Price” means the highest bid for any Lot accepted by the Auctioneer at an Auction.

“Purchase Price” means the sum of the Hammer Price plus VAT and the Commission fee plus VAT.

“Purchaser” means the highest Bidder for any Lot.

“Payment” means an amount received on a Purchaser’s account.

“VAT” means the applicable tax payable to HMRC.

3. An Auction site is a potentially dangerous place and a Bidder acknowledges that. Heavy equipment is being operated and the electric circuits may be live. Corrosive, pressurised, flammable, and noxious substances are present. All persons at the Auction site at any time shall be there at their own risk with notice of the condition of the premises and the activities thereon and Bidder shall so advise his Agents and Employees. No person shall have any claim against Employees, Principals Auctioneers or their Agents for any injuries sustained, nor for damages to or loss of property which may occur from any cause whatsoever.
 

All Covid19 restrictions and regulations that the auction site has in place must be adhered to and the Bidder fully acknowledges that.

4. All Bidders are required to register before entering the Auction. The Auctioneer shall have the right, at its discretion, to refuse any person attendance and admission to the Auction or Auction Site.
 

5. On registration, the Auctioneer shall be entitled to require Bidders to pay the Deposit in cleared funds. Depending on credit limit required deposit amount varies from £1,000. Standard deposit of £10,000 Sterling or €15,000 Euros will entitle the Bidder to bid up to an initial aggregate credit limit of £50,000 (excluding VAT and Commission) at the Auction. Deposits will only be refunded if no purchase is made and where the Bidder has no balance outstanding. In cases where the Bidder has an outstanding balance from any other Sale the Auctioneer reserves the right to consider this deposit as payment on account. If there are issues connected with Purchaser’s account, card deposits may need to be completed as a Payment. Please note card transaction fees will apply and card refunds may take up to 7 days to be credited to Purchaser’s bank account.
 

All Bidders must notify the Auctioneer at registration if they intend to bid for any Lot(s) with an aggregate value more than £50,000 excluding VAT and Commission (or such other sum as the Auctioneer shall determine). If any Bidder makes or intends to make a bid of more than the initial credit limit the Auctioneer will require the Bidder to pay to the Auctioneer a Deposit in cleared funds on the day of the Auction of an amount equivalent to 10% of the projected selling price of the Lot(s).

The Auctioneer in its sole and absolute discretion will carry out an estimation of the value or projected selling price of any Lot to be undertaken under this clause. The Auctioneer reserves the right to refuse the bid of any Bidder who does not comply with the provisions of this clause.

  6. The Auctioneer reserves the right to revoke any Bidding Number at any time onsite and online.

  7. The Auctioneer is not responsible for any default by Vendor or Purchaser. The Auctioneer sells as agent for the Vendor only.

  8. The Purchaser shall be the highest Bidder and the Auctioneer will settle any dispute to any bid at their absolute discretion. Unless there is in force written acknowledgement by the Auctioneer that the Bidder acts as agent on behalf of a named principal, every Bidder will be deemed to act as a principal. Any such agency arrangements must be notified to the Auctioneer at registration.

  9. The Auctioneer will execute any Pre-Bids that are placed; however, the Auctioneer will not be liable for any costs or claims arising from its failure to do so. Pre-Bids placed on lots either not sold or passed due to reasons under the Auctioneers control will be automatically deemed null and void. Once placed, a Pre-Bid cannot be cancelled without 24 hours' notice. Any system generated purchases added to an online account or email messages can be updated at any time to reflect a change.

  10. At the end of all auctions pro-forma invoices are emailed out and are subject to change.

  11. Lots sold subject to an existing finance agreement will not be free to collect until the Auctioneer receives final release confirmation from the finance company. These will be listed on the pro-forma invoice.

  12. No Bidder may advance less at a bid than a sum to be named from time to time by the Auctioneer.

  13. The Auctioneer has absolute discretion to choose lots which will be sold for individual hammer prices. The Auctioneer also has absolute discretion without giving any reason, to divide any Lot, combine any two or more Lots, refuse any bid or withdraw any Lot from the Auction and in case of dispute put any Lot up for Auction again.

14. Without prejudice to clause 7 generality, all Lots are sold as seen and with all imperfections, errors, faults of description. Any illustrations, make, model, miles, hours, kilometres, descriptions and years in videos, brochures or catalogues are purely for identification purposes only. The Vendor will provide the descriptions in each case. Inspection is available on all Lots and prior to the Auction, Purchasers should satisfy themselves as to the condition of each Lot and should rely on and exercise their own judgement as to whether the Lot accords with its description. It is deemed that the Purchaser of any Lot will have inspected the Lot prior to purchase. The Auctioneer gives absolutely no warranty as to the condition, description, miles/hours/kilometres, year or otherwise in relation to any Lot and all conditions, warranties and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.
 

All Lots shall be sold 'as is, where is'. Without limitation, the Auctioneer makes no representation or warranty that any of the Lots:

1. a) Are fit for any particular purpose, or b) Are merchantable or financeable, or
2. c) Are of any age, year of manufacture, model, make or condition or
3. d) Conform to any standard in respect of pollution, safety, or hazardous material or to any standard of requirement of any applicable authority, law or regulation.

The Purchaser must not rely on the Auctioneer, nor is the Auctioneer liable, for any matter in respect of the above and he must ensure he has satisfied himself hereto. The Bidder further agrees to repair, at his cost, any Lot purchased at the Auction to a safe operating condition and, without limitation, to a condition which meets any standard or requirement of any applicable authority, law or regulation including those concerning any use to which the Lot may be put.

  15. Lots to internet bidders using its online service may be offered by the Auctioneer; however, the Auctioneer shall not be liable for any costs or claims arising from its failure to do so. Inaccuracies on the internet or in the catalogue will under no circumstances relieve the Purchaser from the responsibilities accepted when accepting the Terms and Conditions.

  16. Without prejudice to clause 14, Unless specified otherwise all Lots ·are sold without CE Marking., the Purchaser acknowledges that if any Lot has been described as CE Marked this description has been provided by the Vendor. The Auctioneer makes no warranty as to the authenticity or accuracy of any documentation on any Lot or CE Marking.

  17. Reasonable endeavours will be used by the Auctioneer to ensure that all Lots appearing in the catalogue for sale are presented for sale at the Auction however the Auctioneer accepts no liability for damage or loss howsoever arising (included but not limited to costs of attendance of Bidders at the Auction) if any Lot is not presented for sale or is withdrawn at any Auction.

  18. Commission on the Hammer Price at a rate of 10% on the first £3,000 or lower and 2.5% on the balance where applicable plus VAT in addition to the Hammer Price (Commission is per lot) will be charged to the Purchaser of any Lot.

  19. Under this Agreement all sums owed shall be paid in-full within 7 days of the Auction failing. The Auctioneer may charge interest a daily basis at a rate equivalent to 4% above the base lending rate of the Bank of England then in force on any late payments.

  20. Bidder expressly represents that it is presently in full compliance with and shall continue to comply with all applicable international, federal, state, and local laws, statutes, ordinances and regulations relation to the acquisition, delivery, export, and ownership of any Lots as may be required by Bidder.

Bidder acknowledges and agrees that the acquisition, delivery, export, and ownership of certain products or source of funds for such products are subject to international, federal, state, and local regulations.

  21. VAT

21.1 VAT on Hammer Price

21.1.1 EU Purchasers outside the United Kingdom VAT is payable by the Purchaser on the Hammer Price of all Lots at 20%.  A VAT invoice will be raised in the first instance but if the purchaser provides to the Auctioneer's satisfaction third party proof that the Lot has been exported from the UK within 30 days from the date of the Auction the Purchaser will not have to pay VAT on the Hammer Price of purchased Lots provided the Purchaser is validly registered for VAT in a European Union state outside the United Kingdom.  The total amount of VAT will become refundable by the Auctioneer to the Purchaser.

21.1.2 Non-EU Purchasers VAT is payable by the Purchaser on the Hammer Price of all Lots at 20%. Provided the Purchaser provides to the Auctioneer's satisfaction of an original bill of lading (OBL) in connection with the purchased Lot the Purchaser can request a refund of this VAT from the Auctioneer.

21.1.3 UK Purchasers VAT is payable by the Purchaser on the Hammer Price of all Lots at 20%. This VAT amount can be reclaimed by the Purchaser from HM Revenue & Customs.

21.2 All Purchasers will be charged VAT on the Commission at the rate of 20%.

21.3 The Auctioneer reserves the right in all cases to make its own enquiries with any third parties necessary to ascertain If any evidence of VAT registration produced to the Auctioneer by the Purchaser for the purposes of reclaiming VAT is valid.

  22. The following will only be accepted as means of Payment by the Auctioneer, subject to the conditions below: Bank Transfer.

Cleared funds equivalent to the Purchase Price must be provided by the Purchaser to the Auctioneer and must be paid within 7 days from the Auction. Until the Auctioneer has received full cleared funds, no payment shall be deemed to have been received by the Auctioneer.

Bank transfer fees will need to be included in all International Bank Transfers. Invoices can be issued in other currencies. The Purchaser is responsible for any shortfall on currency exchange. The currency exchange rate is only valid on the day the invoice was raised and payment is expected to be made on same day.

Business Cards and Non-UK Personal cards can be only used as a deposit and will not be accepted for payment.  Card transaction fee’s will be included on top of the deposit. Credit Card and UK Business Debit Cards are not accepted for Payment.

Cash will only be accepted for a deposit payment.  No Cash will be accepted over the value of £7,000 or €9,500 unless the Auctioneer has received express authority from the Purchaser and have deemed themselves satisfied as to the authenticity of payment.  Payments from a Third-Party source will not be accepted.

All Purchases may incur a Service Charge in respect to the administering of Payments.

  23. The auctioneer has full discretion to seize any items he suspects may have breached any anti-bribery, anti-corruption and anti-money laundering laws and the bidder warrants to the auctioneer that they are fully aware of this. The bidder also warrants to the auctioneer that they are familiar with the requirements of 'Dual Use Goods' legislation.

  24. Any registration documents for any Lots offered for sale are not the responsibility of The Auctioneer. The Vendor may be contacted by the Auctioneer to liaise with them to verify if they have any documentation. It is solely the Purchasers responsibility to have checked the roadworthiness/safety of any offered Lot. The Auctioneer does not warrant any documentation applied for and/or received.

The onus is on the Purchaser to have deemed himself satisfied that the Lot can be used/registered in their country. It is not the Auctioneer's responsibility to have checked the validity of the status of any Lot in respect to whether the Lot may have been previously exported

  25. On receipt of a signed Transfer Lot Form, within 3 working days, the Auctioneer permits Lots to be transferred to another Purchaser. If after accepting the Transfer Lot Form the Purchaser fails to pay, then the Lot(s) are automatically transferred back to original Purchaser. If the other Purchaser defaults the Original Purchaser may be liable for any Additional costs due to this default.

  26. Until such time as the Auctioneer has received cleared funds from the Purchaser of such Lots or 21 days from the Auction Date, the Auctioneer shall not be obliged to release any funds to the Vendor for Lots sold.

27. Each Lot but must be paid for in full before ownership of the Lot passes to the Purchaser and shall be at the Purchaser's risk from the fall of the hammer. The Purchaser agrees to insure the purchased Lot against all losses from the Auction until removal of the Lot by the Purchaser.
 

All storage charges must be paid before any lots are released from the sale site. Storage charges will be applicable two weeks from the auction date.  Fees of £20 per lot per day will be added on to the Purchase Invoice.

  28. Any loss or damage to the Lots purchased from the fall of the hammer will be the responsibility of the Purchaser, or its servants or agents, and neither, while any Lot is in their custody or under their control, the Auctioneer or its servants or agents shall afterwards be responsible for any loss or damage of any kind, whether caused by negligence or otherwise. Auctioneer is not responsible for any parts or items that go missing prior to collection.

  29. The Purchaser shall take away the Lot purchased no later than 2 weeks after the day of the Auction at its own expense, but not before payment of the Total Invoice Price to the Auctioneer. Any removal and storage on any Lot not taken away within 2 weeks after the day of the Auction will be the responsibility of the Purchaser. The condition of any Lot that has not been collected within reasonable time is not the responsibility of the Auctioneer. Offsite Auctions collection time is limited, and all Lot(s) must be collected with specified timeframe.

  30. The Auctioneer may, without prejudice and at its absolute discretion to any other rights it may have, resell the Lot or cause for it to be resold by public auction or private sale if any Lot is not paid for in full and taken away in accordance with the above conditions. Any resulting deficiency in the Purchase Price from the first sale, after deduction of any part payment and addition of sale costs shall be paid to the Auctioneer by the defaulting Purchaser. Any surplus shall belong to the defaulting Purchaser.

Any lot not collected within an agreed timeframe has the right to be re-consigned into an upcoming auction by the Auctioneer.

In accordance with The Single Market Rule, VAT will be rechargeable on any lots that have been exported out of the UK.

  31. Neither a person affiliated with a bidder, or as agent of, or the Bidder shall collude with any Vendor or any other Bidder in the making of bids for Lots at the Auction.

  32. Amendments to this Agreement can only be carried out or varied by written agreement between the parties and constitutes the entire agreement between the parties and overrides prior agreements or contracts or understandings between the parties in relation to the sale by Auction and ensures for the benefit of and is binding upon the heirs, executors, administrators, successors in title and assigns of the parties herein.

  33. The Auctioneer may vary the invoice in relation to lots bought as a direct result of errors in buyer numbers during sale day and the Purchaser accepts. The Auctioneer will endeavour to always minimise this possibility; however, Purchaser will accept Lots bought at auction.

34. When the Purchaser is collecting Lot(s) the Auctioneer is not responsible for any waiting time or any costs incurred by the Purchaser as a result.
 

  35. For Convenience a currency conversion tool is provided to enable estimates for Lots and the final purchase price to be displayed in certain currencies. This tool is provided for convenience only and is an approximate guide to the equivalent amount in the specified currencies. Own research into the applicable exchange rates prior to placing a Bid by the Bidder advised. The Auction is conducted, and all Bids must be made, in the currency of the country in which the Auction is held. The Auctioneer does not accept any responsibility for any errors that may occur because of reliance upon the currency conversion tool. The Purchaser should contact the Auctioneer who will provide applicable conversion rates, which are only valid on that day.

  36. Online Bidding Registration requirements; Without prejudice to Clause 15 generality; The Bidder must register to bid online before they can bid via our Online Bidding system at least 24 hours prior to the start of any Auction or Bidder may not be able to bid online in that Auction. Bidders will be liable for all bids made via their account. Therefore, Bidders should keep their account details strictly confidential and must not permit any third party to use or access their account on their behalf or otherwise.

The Bidder can bid for any lot by clicking the Bid Button during an Auction: As soon as the Bidder clicks the Bid Button the bid will be final and binding. During the sale the current bid will be displayed on Bidder’s screen. It will be the Auctioneer's discretion as to which bid shall be accepted in the event of a tie bid between a bid placed by online bidder and any other identical bid(s), including Online Bids, Floor Bids and Pre-Bids. Lots may be re-opened for sale.

Bidder accepts full liability for all bids submitted via Bidders Online Bidding account. Bidder agrees that each bid submitted is irrevocable and cannot be corrected or amended, even if submitted in error and notified to us. Bidder acknowledges that they are bidding in a live auction.

Before, during and after the Auction, the Auctioneer reserves the right to reject a registration to bid online, terminate an Online Bidding account, withdraw its permission for Bidder to use Online Bidding, for any reason at any time prior to.

All Lots must be paid for and collected, and the Purchaser agrees to this.

It is the Bidders responsibility to satisfy themselves as to every aspect of a Lot and are strongly advised to examine in person any Lot on which the Bidder may bid on or have it inspected on their behalf before any Auction. Lots are available for Inspection prior to any Auction.

A Bidder who chooses to use the Online Bidding service does so at entirely at their own risk. Use and access to the Online Bidding service is dependent upon, among other things, the speed, quality and availability and connection of the internet. The Online Bidding system will attempt a connection to the bidder for a maximum of 20 seconds and if no response is received then the Auctioneer will reopen the Lot(s) for sale. The disconnected Online Bidder can still bid again on the same Lot, if the Lot (s) are    reopened by the Auctioneer.

  37. The Auctioneer can contra both accounts where the Purchaser is a Vendor. In relation to Contras: 

1. a) Where a contra has been applied to the Purchaser's account the Purchaser agrees that the Auctioneer reserves the right to remove or amend this

at a later date. The new Invoice will supersede any previous invoices or pro-forma should this occur, and the Purchaser will be liable for any outstanding amount.

1. b) Contras will be made against the oldest outstanding debt and The Purchaser agrees to that.

38. The formation, existence, construction, performance, validity, and all aspects of this Agreement shall be governed by UK law and the parties submit to the non-exclusive jurisdiction of the UK Courts.