Last updated: 31 January 2023
With regard to sale and purchase transactions of vehicles and marine related items by means of auction, classified sale or other systems and services as provided by Bramber Brooks Ltd.
‘Agreed Selling Price’ means the price agreed by a Seller for the sale of a listed item.
The Company means Bramber Brooks Ltd whose registered office is at:
Preston Park House.
being registered in the United Kingdom under company registration number 10435782
Conditions means the terms and conditions set out in this document and any special terms and conditions agreed in writing by the company
Auction means any auction held by the Company by means of online, live, or ‘in-person’ system and shall be construed accordingly
Classified Sale means any sale completed by use of the Company online or other designated Company system.
Fees, means the various fees and or commissions as defined below under 'fees'
Winning Bidder, Buyer or Purchaser, means any person, persons, company, or organisation who purchases a vehicle through a Company auction or sale and includes any principal for whom a Purchaser is acting as agent and 'Purchasers' shall be construed accordingly
Vehicle means any vehicle or related item offered for sale or sold through a Company auction and 'vehicles' shall be construed accordingly
Vehicle Description, means the details as set out in the Vehicle Description Section hereto
Seller, means any person, persons, company, or organisation selling a vehicle or vehicles through a Company auction or sale and includes not only the owner or owners of the vehicle but also any authorised agent or any other person offering the vehicle to the Company for sale whether or not such person is authorised by the owner and 'Sellers' shall be construed accordingly
Definitions - Fees
All ‘Fees, Commissions and Charges’, means those fees, commissions and charges as shown upon the Company website
- 1.1 These Conditions shall apply to all sales of vehicles between Sellers and Purchasers affected through the Company services and systems, and to the legal relationship between:
- 1.1.1 the Company and Sellers
- 1.1.2 the Company and the buyers
- Sellers and Buyers
- 2.1 These Conditions shall apply to the exclusion of all other terms and conditions including any terms and conditions which a Seller or Buyer may purport to apply under any other purchase agreement.
- 2.2 Any offer by a Seller to sell a vehicle through the Company services and systems shall be deemed to be an offer.
- 2.3 Any agreement by a Buyer to purchase a vehicle through the Company services and systems shall be deemed to be an offer by the Buyer to purchase such vehicle pursuant to these Conditions.
- 2.4 No change or variation to these Conditions shall be effective unless agreed in writing by the Company.
- Company's rights
- 3.1 Bramber Brooks Ltd reserves the right to deny access to users without further explanation or to make approval of a user subject to special conditions.
- 3.2 Bramber Brooks Ltd is entitled to cancel a user registration at any time with immediate effect. Should a user registration be cancelled, this will not impact on any sale agreements already established through Bramber Brooks Ltd services or systems, and the user will continue to be bound by any vehicles already registered or bids entered. This will be the case unless Bramber Brooks Ltd considers to the contrary.
- 3.3 All registered users will select a unique username and password. These are strictly confidential and must not be passed on to any third party. Should the registered user believe that another has use of their password, the registered user must immediately inform Bramber Brooks Ltd, who will immediately initiate appropriate actions to prevent misuse of the system in the user's name. The registered user will then be issued with a new password. The registered user is always liable in the event that their username and password are misused.
- 3.4 The Company advise that all registered users utilise an appropriate strength password and that such password be frequently changed to avoid possible misuse.
- Company Auction and Sales Procedures
- 4.1 All auction ‘start and close’ times shall be managed by the Company
- 4.2 The Company reserves all rights to change or cancel auctions at its own discretion and without the provision of notice.
- 4.3 The Company shall be entitled to change or cancel any auction at any time without providing an explanation and without constituting a basis for monetary claims against the Company
- 4.4 The Company may initiate cancellations both before and during the auction.
- 4.5 Auctions that have completed cannot be cancelled.
- Bidding regulations
- 5.1 Bids entered are binding on the registered bidder. The bidder chooses the maximum amount they wish to bid for any lot at the auction. If the bid is lower than the seller's set reserve price, then the bid is registered as the highest bid but will be advised that the seller’s reserve has not been met. If the bid is equal to, or in excess of the reserve price, the reserve is removed, and the bid immediately registered as the highest bid.
- 5.2 When there are two or more bids equal to or above the reserve price, the bidder who has outbid the others (by the fixed bid increment specified on the auction) is entitled to the vehicle or boat item listed. If two bidders enter the same bid, the first bid received will become the highest bid.
- 5.3 If a bid higher than the bid entered has already been made, the bid entered will be immediately outbid.
- 5.4 No bid can be reduced once the bid has been made without the express consent of either the seller or the Company.
- 5.5 No bid can be cancelled once it has been registered without the express consent of either the seller or the Company.
- 5.6 No seller or their accomplice may bid upon their own lot as a bidder without the express consent of the Company.
- 5.7 All registered bids are automatically recorded and may be stored by the Company for a period at the discretion of the Company.
- 5.8 Any dispute in relation to a bid will be decided with binding effect by the Company.
- 5.9 Once a bid has been entered which is equal to or above the seller's reserve price, a binding contract of sale exists between the seller and the winning bidder and both parties are duly obligated to complete the transaction. The seller is thereby contractually obligated to supply the vehicle in the condition ‘as described’ to the winning bidder and the winning bidder is obligated to accept and pay the winning bid for the vehicle or boat item listed.
- Auction and Classified Sale Pricing
- 6.1 When a seller promotes their vehicle or item through the Company auction system, they will agree with the Company prior to the auction whether the vehicle or item is being entered under ‘No Reserve’ terms or with a ‘Reserve’ price.
- 6.2 Under the terms of a ‘No Reserve’ auction, the seller accepts that the Company will promote and sell the lot at the best offered bid, no matter the amount offered and that the seller will be bound to sell to the winning bidder and pay the appropriate Company costs.
- 6.3 A seller may provide the company with a ‘Reserve Price’ of which any received bid under the set ‘Reserve Price’ will not be a winning bid, unless specifically stated otherwise by the seller by instruction to the Company.
- 6.4 A seller may also provide a ‘Buy Now’ price to be publicised within (and prior) to the auction upon which any bidder entering into a ‘Buy Now’ bid or offer will be contractually obligated to accept and pay in the same way as if they were a winning bidder at the Company auction.
- 6.5 When a seller wishes to make a sale of a vehicle using the Company classified services, the seller will determine and promote within the Company advertisement their own selling price. This sale type will not be entered through the Company auction and therefore becomes a private treaty sale between the seller and the buyer.
- 6.6 The Company reserves the right to refrain from entering into auction any vehicle without notice or subsequently remove the vehicle from an auction if it believes the price entered is considered excessive. Where the price is considered excessive, the Company may recommend an alternative price to the seller.
- 6.7 A contract of sale is entered into at the fall of the hammer or close of the auction by the seller and the winning bidder upon which the seller agrees to sell and the winning bidder agrees to buy at the winning bid price.
- Seller's Obligations
- 7.1 In consideration of being allowed to use and/or sell using the Company services, the seller shall:
- 7.1.1 provide the Company (by online form completion, e-mail or such other method as the Company may determine) with an accurate and true description of the vehicle or item they wish to sell. The seller shall indemnify the Company against any liability incurred by the Company as a result of either the sellers given description being incorrect or of the VAT status of the vehicle being incorrectly notified to the Company.
- 7.1.2 ensure that any vehicle or item which it offers for sale through the Company service either has a relevant owner registration document (Form V5 in the United Kingdom) or proof of title ownership or notify the Company at first application should no registration be available or exist.
- 7.1.3 Warrants to the Company that any vehicle item which it offers for sale through the Company service has no outstanding finance or lien upon it or in any event that such finance or lien remains outstanding that the Company is duly notified in writing prior to any auction or sale that such finance or lien exists and to whom such finance or lien is owed and any applicable account numbers.
- 7.1.4 ensure that any vehicle or item sold through the Company service must remain (and be delivered or collected) in the condition as described in the sale promotion per the description of sale given upon the sale particulars.
- 7.1.5 pay the fees due to the Company from the seller under the terms of this agreement in respect of any vehicle which it offers for sale through the Company services (in all cases wherein the sale monies are received by the Company, then the Company is hereby irrevocably authorised to retain any monies that it is owed by the seller from such funds before accounting for the same to the seller)
- 7.1.6 at all times comply with the Conditions so far as applicable to a seller and any regulations that the Company may impose in relation to the use of the Company services
- 7.1.7 keep the Company fully indemnified against any losses or expenses that the Company may incur in relation to the vehicle or as a result of any breach by the seller of any of its obligations hereunder
- Fees for Using the Company Services.
- 8.1 The seller will pre-pay any auction ‘lotting fee’ or the classified ‘advertising fee’(as determined and displayed upon the Company services website which may be amended from time to time at the Company discretion) Non-payment of such fees will result in the sellers vehicle or item not being promoted or advertised for sale until such payment is received by the Company.
- 8.2 On the sale of a vehicle or item through the Company services by a seller, the company retains the right to deduct the seller fee from the payment fee of the vehicle or item given by the buyer.
- 8.3 In the event of incorrect details of a vehicle or item being entered into the Company services by a seller, the Company may (at its absolute discretion) charge an Administration Fee which the seller will pay on demand
- Purchaser's Obligations
- 9.1 In consideration of being allowed access to the Company services to view details of vehicles or items being offered for sale by sellers, the prospective buyer shall:
- 9.2 comply fully with the Conditions so far as applicable to a bidder / buyer and any regulations that the Company may from time to time impose in relation to the use of the Systems
- 9.3 at registration upon the Company services as a bidder / buyer, provide the Company with a valid method of settlement of any winning bid or agreed ‘buy now’ or ‘classified purchase’ meaning provision of a valid payment card. (debit or credit)
- 9.4 pay for vehicles purchased by credit card, debit card, electronic funds transfer or other agreed method immediately following the auction end day and with prior agreement, no later than three working days after the day upon which the winning bid is made or sale agreed.
- 9.5 accepts that where payment remains outstanding after the period of three working days from the time of the auction close or sale agreed, the seller may rescind the contract of sale and the seller may seek to remove the vehicle or item from sale or re-enter the vehicle or item for sale again without notice to the bidder / buyer and the Company may also withdraw the bidder / buyers use of the Company services and the bidder / buyer will be obligated to pay the Company due fees for cancellation.
- The Company's Obligations
- 10.1 The Company will:-
- 10.1.1 supply prompt administrative and support to both buyers and sellers to the best of the Company ability at any given time or circumstance.
- 10.1.2 with regard to vehicles sold for sellers through the Company services, the Company will account to the seller for the winning bid price received within seven working days of receiving cleared funds for the sale from the winning bidder / buyer and the vehicle being collected by / delivered to the winning bidder / buyer provided always that the Company shall be entitled to deduct from any such monies any fees payable or sums due to the Company by or from that seller
- 10.1.3 hold on trust for the seller and winning bidder / buyer, in a separate bank account (designated as a client / escrow / holding account), any funds received from the winning bidder / buyer, for the sale of a vehicle sold for the seller which the Company shall either pay to the seller or return to the winning bidder / buyer in accordance with these Conditions and procedures.
- Liability for goods in transit
- 11.1 The Company neither offers nor holds any responsibly for any damage which may occur to any vehicle in transit between the seller and the winning bidder / buyer.
- Incorrect Description
- 12.1 In the event of a vehicle or item being incorrectly described by the seller then:-
- 12.1.1 if the incorrect description results in the vehicle or item not being available or being identified as incorrectly described when collected or delivered, then if the sale is aborted the seller will pay to the Company an Aborted Sale Fee (equal to the fees the Company would receive in the event of the sale completing) to cover the Company's costs for dealing with the aborted sale.
- 12.1.2 If as a result of the vehicle or item not being available or being incorrectly described the sale is subsequently cancelled (following Arbitration or otherwise) the seller shall also pay to the Company a Cancellation fee (equal to the fees the Company would receive in the event of the sale completing).
- 12.1.3 It is the sellers obligation to collect the vehicle or boat item from the buyer or pay for any return ‘Transport Fee’s’ that may be encountered.
- Limit of Company's Responsibility
- 13.1 The Company shall not be responsible for the failure or inability of any party to log into or access information on the Company services even where such failure is as a result of error or negligence on the part of the Company
- 13.2 The Company accepts no responsibility for any loss suffered by the winning bidder / buyer as a result of any incorrect description of any vehicle by the seller or for any other loss suffered by the winning bidder / buyer resulting from the use of the Company services and the winning bidder / buyer accepts that any contract to purchase a Vehicle or item is a contract with the Company acting as agent of the seller and not in its own capacity
- 13.3 The Company acts at all times as an agent of the seller and not in its own capacity. The Company accepts no responsibility for any loss suffered by the seller as a result of the winning bidder / buyer not paying for the vehicle or item within the stipulated time from the actual day of vehicle or item sale. The contract of sale of the vehicle or item will be cancelled, and the Company will withdraw the bidders / buyers access to use of the Company services.
- 13.4 The Company shall be under no obligation or duty to any bidder or buyer to make any enquiries of any type whatsoever as to the title of any vehicle or item or to disclose to any bidder / buyer or any other person whatsoever the result of any enquiry made in respect of any vehicle or item such enquiry being made entirely at the sole discretion of the Company.
- The Company Fees.
- 14.1 The Company fees are those as posted upon the applicable Company website
- 14.2 The Company may at any time increase any of its applicable Fees by providing a minimum of seven days’ notice of the proposed increase or increases upon the Company website
- Title Indemnity
- 15.1 The Company provides no indemnity of title whatsoever for any vehicles sold or purchased through the Company services.
- 16.1 Title to a sold vehicle or item shall not transfer to the winning bidder / buyer until cleared funds in full payment for that vehicle or item purchased by the winning bidder / buyer are received by the Company or the seller.
- Force majeure
- 17.1 If the Company so elects, the Company will be released from any or all of its obligation in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the control of the Company.
- Value Added Tax
- 18.1 Where VAT is payable on goods or services supplied pursuant to these terms and conditions, it shall be payable in addition to the stated price, unless otherwise specifically agreed.
- Whole agreement
- 19.1 This Agreement and these Conditions contain the whole agreement between the Company, the sellers and the buyers in relation to contracts for the sale of the vehicle or items and none of them have relied upon any oral or written representation made to it by any of the other parties or their respective employees or agents
- Joint and several
- 20.1 All agreements on the part of any of the parties which comprises more than one person or entity shall be joint and several and the neuter singular gender throughout this Agreement shall include all genders and the plural and the successors in title to the parties
- Proper law and jurisdiction
- 21.1 Users may only use the Company services for correct and lawful participation. Any violation can be expected to lead to liability and legal prosecution.
- 21.2 This Agreement shall be governed by the law of England and Wales in every particular including formation and interpretation and shall be deemed to have been made in England
- 21.3 Any proceedings arising out of or in connection with this Agreement may be brought in any court of competent jurisdiction in England or Wales.