Terms and Conditions

ADAM HEWITT – TERMS AND CONDITIONS

 

  1. INTRODUCTION

You will be deemed to have accepted these Terms and Conditions when you click “I have read these Terms and Conditions” and when you click “I accept” when you register to become a trade Buyer (“Trade Buyer”) via the website at www.adamhewitt.com (“Website”). The content, features and functionality of the Website permitting you to bid for vehicles for sale (and, where appropriate, other goods) collectively provide the services (“Services”) which we offer to both our sellers who own the vehicles or goods we sell (“Seller”) and our registered Trade Buyers who buy the vehicles or goods we sell. References to “you” and “your” in these Terms and Conditions mean you as a registered Trade Buyer. Acceptance of these Terms and Conditions by you is an absolute pre-condition of you using our Website and Services. If you do not accept these Terms and Conditions, you will not be permitted to use our Website or the Services provided through it, or any other services we provide. A “Lot” is the motor vehicle (which shall include without limitation cars, motorcycles, caravans, commercial vehicles, plant, and machinery) or other goods that we offer for sale at auction.

You acknowledge that our business is that of selling used, recovered stolen, accident-damaged and/or insurance write-off vehicles and other used goods. You acknowledge that as a registered Trade Buyer you are a trader in such vehicles and/or other goods and, whether this is your first occasion that you are using our Services, you are purchasing all Lots with a view to your trade and with a view to a profit. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT A CONSUMER OF OUR SERVICES, BUT A TRADE PURCHASER. AS SUCH YOU ACCEPT THAT IT IS FAIR AND REASONABLE IN ALL THE CIRCUMSTANCES FOR US TO EXCLUDE, RESTRICT OR LIMIT (AS THE CASE MAY BE) OUR OBLIGATIONS AND LIABILITY TO YOU IN RESPECT OF THE LOTS WE OFFER FOR SALE ON BEHALF OF SELLERS (WHO ON OCCASIONS MAY BE US).

These Terms and Conditions govern (a) your use of our Website and Services and form a binding contract between you and us regarding your use of our Website and Services, and (b) from time to time your purchase of a Lot, which forms a binding contract between you and the Seller of a Lot, who may on occasions be us.

These Terms and Conditions set out and explain our's and a Seller’s responsibilities to you and your responsibilities to us and the Seller. They also include important provisions that restrict and/or limit our liability and the liability of Sellers to you: this is because the Lots we offer for sale at auction are used, damaged, recovered stolen and/or insurance write-offs.

Once you become a registered Trade buyer with us, you agree to be bound by these Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time without prior notice to you: if we do so, we shall display a notice to this effect on the Website. The most current form of the Terms and Conditions may be found at http://www.adamhewitt.com-Terms-Conditions. Your continued use of the Website and/or the Services after any amendment of these Terms and Conditions shall be deemed to be express acceptance of or acceptance by conduct of any such amendment.

 

  1. OUR WEBSITE, YOUR INFORMATION AND ACCOUNT SECURITY

2.1 Your use of our Website provides the functionality and method through which you place bids for the Lots we offer for sale. We will provide you with every practical and reasonable help you may require to access the Website but we cannot accept responsibility if you are unable to do so for any reason. We do not guarantee you access to the Website at any time. We do not guarantee that while you are accessing the Website your access will be uninterrupted, without delay or interference, secure and/or error free, or indeed operate as set out and anticipated in these Terms and Conditions. Accordingly we reserve the right at any time to suspend or discontinue the Website and/or Services for any reason without incurring any liability or obligation to you.

2.2 As long as you comply with these Terms and Conditions and the other documents incorporated by reference, we will provide you with such access to the Website and Services as we are able to deliver on the basis set out in these Terms and Conditions. However, we reserve the right in our discretion to terminate or suspend your registration and/or access to the Website or Services without giving any reason.

2.3 When you apply to become a registered Trade Buyer and during your use of the Website and the Services, you will provide us with data. We will respect the privacy of such data. We will only collect, use, disclose or process your data in accordance with our Privacy Policy, which you accept by your continued use of the Website or the Services. You must keep your data accurate and up-to-date and promptly send us any new or amended data. We will only share your data with other parties as set out in our Privacy Policy, as provided in these Terms and Conditions and/or with your prior consent.

2.4 You agree that you will act lawfully, diligently and honestly at all times when you access and use the Website or Services and will comply with all laws and regulations applicable to your use of the Website or Services. You promise that all the details you supply on registration or at any time thereafter are and will remain true and accurate.

2.5 You agree that you will not interfere with, jeopardise, disrupt or harm the Website or Services and that you will not intercept, expropriate, re-use, steal or re-utilise any system, data, photographs or information comprised in or provided to you via the Website or Services.

2.6 You agree that you are and shall be solely liable for actions taken using your username and password to access the Website or Services, whether taken by you or third parties and/or with or without your consent or knowledge.

2.7 You may authorise one other individual to submit bids on your behalf (an “Authorised Bidder”) as long as you tell us in advance that you wish to do so and give us your Authorised Bidder’s name and contact details. If we accept the Authorised Bidder, you may share your username and password with your Authorised Bidder. You and your Authorised Bidder must not permit, allow, induce or solicit any other third party to place bids. You agree that you are and shall be solely liable for the actions of your Authorised Bidder.

2.8 Apart from where we accept an Authorised Bidder, you agree that you shall keep your username and password confidential and not disclose them to or share them with anybody.

2.9 If you believe the confidentiality of your username and/or password has been compromised, you must tell us immediately. We will use our reasonable endeavours to provide you with an alternative username and/or password, although we reserve our absolute discretion to restrict or terminate your use of the Website and Services as set out in these Terms and Conditions.

 

  1. INTELLECTUAL PROPERTY RIGHTS

3.1 You acknowledge and agree that we and/or our licensors own all the intellectual property rights in and relating to our Website and Services and their content. Your use of the Website or Services and their content grants you no rights in relation to our or our licensors’ intellectual property rights.

3.2 Other than for your own personal use and solely in connection with your use of our Website or Services, you may not copy, reproduce, download, publish, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way our Website, Services, or their content, or the computer codes of elements which comprise our Website and Services.

3.3 Other than as set out in this clause 3 you are not permitted to use any of our intellectual property rights without our (and our licensors’) prior written consent.

 

  1. MEMBERSHIP AND REGISTRATION

4.1 Membership as a registered Buyer with us is open to all individuals aged 18 years or over and of suitable capacity to enter into legal contracts who act in the capacity of a trader and not as a consumer. We reserve the right to deny membership to, and/or exclude from our premises or Website, any individual in our absolute discretion. We reserve the right to suspend, revoke or amend your membership in our absolute discretion.

4.2 If you wish to become a registered Buyer you must complete our registration form pay a non-refundable membership fee. Your membership with us must be reviewed and renewed annually by paying our annual membership fee and providing information regarding any changes to your details. We reserve the right to increase our registration administration and/or annual membership fees at any time without notice, though we will place such information at our Head Office. Your use of our Website or Services thereafter will be deemed to be your express acceptance and/or acceptance by conduct of such fee increases. We also reserve the right to waive these fees at any time as a standard offering or special promotion.

 

  1. RELEASE OF LIABILITY AND INDEMNITY

5.1  So far as permitted by law you, any Authorised Bidder, and your guests irrevocably and unconditionally waive and release your/their rights (if any) to recover from us, our directors, officers, employees, representatives, agents, subsidiaries, partners, affiliates or suppliers, any and all damages, losses, liabilities, costs, expenses or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) that may arise from or be related to property damage or any other event which occurs on or at any of our premises or the Website.

5.2 So far as permitted by law you agree to indemnify and keep indemnified, defend and hold us harmless from any and all damages, losses, liabilities, costs, expenses (including legal fees, disbursements and VAT) or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) made by you, any Authorised Bidder or your guests arising from or related to property damage or any other event that occurs on or at any of our premises or the Website.

5.3 So far as permitted by law you agree to indemnify and keep indemnified, defend and hold us harmless in respect of any liability to taxation, duty, charge or levy in the nature of taxation (including all penalties, charges, costs and interest relating to any of them), past, present or future, wherever imposed, that we suffer as a direct or indirect consequence of your use of the Website and/or Services.

5.4 To the fullest extent permitted by law, under no circumstances (including negligence) will we be liable for any special, incidental or consequential damages or loss of profits that result from or are related to the sale, distribution, use of or inability to use any Lot even if we had been previously or subsequently advised of the possibility of such damages or losses. As a Trade Member, you agree that the provisions of this clause 5 are fair and reasonable in all the circumstances.

5.5 We do not guarantee or warrant in any way that any Lot we sell and you purchase can be legally registered in any jurisdiction and you accept all risks associated with any variations in title or registration laws (if any) between jurisdictions that may adversely impact upon the marketability or roadworthiness of Lots you purchase.

5.6 We are not responsible or liable for any losses you sustain arising out of or in connection with any defects, errors or omissions in any paperwork issued by any government department, executive agency or other authority of competent jurisdiction (including without limitation the National Vehicle and Driver File, the Department of Transport, Tourism and Sport, the Road Safety Authority, the DVLA, VOSA, or the equivalent in any other jurisdiction).

5.7 It is your sole responsibility to comply with all import and/or export procedures, inspections, fees, proof of emissions or any other requirements that may apply to your purchase.

 

  1. BIDDING OVERVIEW

6.1   Proxy Bid – this commences when the Lot is loaded onto our Auction site. Trade Buyers may submit proxy Bids on-line at www.adamhewitt.com you will need to be a registered buyer to bid. A proxy bid may not be what you pay. If you are the highest bidder during the auction sale and the other bidders do not meet or exceed your maximum bid, you are awarded the vehicle for the high bid amount. For example, if your maximum bid is £2,000 and the on-line sale finishes at £1,500 with you as the high bidder, you get the vehicle for £1,500 subject to the lot exceeding the reserve if a reserve is set.

6.2 During the auction you can bid on each lot as many times as you wish the clock will countdown,  when the clock stops the highest bid at that time wins the lot.

6.3 You can either watch the auction live and bid as you wish or enter a Bid representing the maximum price you are willing to pay for a Lot and the auction will bid on your behalf up to your maximum bid. The auction will only bid one increment over the current bid to maintain your position as the highest bidder up to the maximum bid you have said are willing to pay. This allows you the possibility of purchasing a Lot below your maximum bid. If a bidder with a higher maximum bid outbids you during the auction Bidding we will notify you by email.

6.4 Once you have submitted a bid, it cannot be retracted, deleted, or cancelled.

We have computer terminals located at our reception so you are welcome to come and view lots and place a bid on site.

 

  1. SALES, POLICIES AND PROCEDURES

7.1 A bid you place will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the Lot. A Contract of Sale will only be concluded in relation to Minimum Sales if the reserve price has been met or exceeded. A Contract of Sale will be concluded in relation to On Approval Sales if and when the Seller accepts your bid.

7.2 Without giving any reason and in our absolute discretion we may refuse to accept any bid or regulate the bidding as we see fit. We may remove, restrict or withdraw any Lot being offered for sale at any time before any Contract of Sale is concluded.

7.3 We reserve the right not to release any Lot prior to, during or after any sale for whatever reason at our absolute discretion.

7.4 You will not receive such right and title as we or the Seller has/have to or over any Lot on which you have successfully bid and entered into a concluded Contract of Sale unless and until we receive cleared funds from you in full payment of all sums, fees and other monies due from you in respect of that Lot. You will still, however, be legally committed to purchase that Lot and we and/or our Seller will not be obliged to transfer such right and title as we or they have to you until full payment has been made, subject to our right to cancel a concluded Contract of Sale and these Terms and Conditions generally.

7.5 You assume full responsibility for, and all risk passes to you in respect of, any Lot you have purchased from us/a Seller from the time the Contract of Sale is concluded between you and us/the Seller (as the case may be). You agree to indemnify, keep us indemnified, defend and hold us harmless against all losses, damages or other harm arising out of or in connection with any damage (howsoever caused) to any Lot you have agreed to purchase.

 

  1. DISCLAIMERS

8.1 ALL LOTS WE OFFER FOR SALE ARE ‘’SOLD AS SEEN”. WITHOUT ANY EXPRESS OR IMPLIED WARRANTY (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF SATISFACTORY QUALITY). We expressly disclaim the accuracy or completeness of any and/or all information provided to you regarding Lots whether provided in written, verbal or digital image form (“Lot Information”). Lot Information is provided for convenience only. You agree that you will not rely on Lot Information in deciding whether or how much to bid on any Lot. Lot Information includes without limitation: year, make, model, condition, damage amount, damage type, roadworthiness, driveability, accessories, mileage, odometer readings, vehicle identification numbers, title, repairs needed, repair cost, repair history, title history, service history and total loss history. We expressly disclaim any and all representations (whether written or verbal), warranties and guarantees regarding the Lots we offer for sale. We do not guarantee that keys are available for any vehicles sold through us, regardless of whether or not keys are present in online images or are present in the vehicle during any pre-purchase inspection. The Lots we offer for sale may be missing components or parts. We do not guarantee that vehicles meet or can be modified to meet local emission or safety requirements. IT IS YOUR SOLE RESPONSIBILITY TO ASCERTAIN, CONFIRM, RESEARCH, INSPECT AND/OR INVESTIGATE TO YOUR SATISFACTION THE LOTS WE OFFER FOR SALE AND ANY AND ALL LOT INFORMATION PRIOR TO DECIDING WHETHER AND HOW MUCH YOU WISH TO BID ON ANY LOT.

8.2 YOU AGREE THAT ALL LOTS ARE ‘’SOLD AS SEEN’’ AND ARE NOT REPRESENTED TO BE IN A ROADWORTHY CONDITION, MECHANICALLY SOUND OR MAINTAINED AT ANY LEVEL OF QUALITY WHATSOEVER. THE LOTS MAY NOT BE FIT FOR PURPOSE AS A MEANS OF TRANSPORTATION OR FOR ANY OTHER PURPOSE AND MAY REQUIRE SUBSTANTIAL REPAIRS AT YOUR EXPENSE. THE LOTS MAY NOT BE OF SATISFACTORY QUALITY, TAKING INTO ACCOUNT ALL CONSIDERATIONS, INCLUDING WITHOUT LIMITATION THE PRICE YOU PAY FOR ANY LOT WE OFFER FOR SALE. You acknowledge and agree that we have excluded our liability in respect of terms that would otherwise have been implied into the Contract of Sale under the Sale of Goods and Supply of Services Act 1980 (as amended) and the Sale of Goods Act 1979 (as amended and/or superseded) to the fullest extent permitted by law, including without limitation the terms relating to Lots complying with their description and/or being fit for a particular purpose.

8.3 GIVEN THE NATURE OF OUR BUSINESS, THE NATURE OF THE LOTS WE OFFER FOR SALE, AND THE FACT THAT YOU ARE A TRADE BUYER, YOU ACKNOWLEDGE AND AGREE THAT IT IS FAIR AND REASONABLE IN ALL THE CIRCUMSTANCES FOR US TO RELY UPON THE RESTRICTIONS, LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY SET OUT IN THIS CLAUSE 8. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF OUR WEBSITE AND SERVICES AND YOUR BIDDING FOR AND/OR PURCHASE OF LOTS IS EXPRESSLY ON THE BASIS THAT THESE TERMS AND CONDITIONS HAVE BEEN READ AND UNDERSTOOD BY YOU, AND THAT YOU ACCEPT IN THE CIRCUMSTANCES THEY ARE FAIR AND REASONABLE.

 

  1. BREAKER ONLY VEHICLES

UK Category B Buyers

9.1 If you intend to buy Category B vehicles other than for export, you must provide us with proof at registration (and at any time thereafter on our request) of your up-to-date Waste Management Licence (or Environmental Permit) and your up-to-date registration as an Authorised Treatment Facility (“ATF registration”). If you intend to transport any Category B vehicle away from our premises you must provide an up-to-date Waste Carrier’s Licence and you must ensure (and be able to demonstrate to us on request) that the receiving site holds a valid Waste Management Licence (or Environmental Permit).

9.2 Category B vehicles are sold on the basis that all usable parts will be removed and the remains of the vehicle will be crushed or destroyed.    

9.3 We reserve the right to cancel the Contract of Sale and repossess the Category B vehicle to ensure it is not used on the public highway in contravention of these Terms and Conditions.

9.4 Category B vehicles must never be returned to the public highway anywhere in the World. We reserve the right to impose a lifetime ban from our Services if a Category B vehicle you bought is found to have been returned to the public highway. We reserve our right to cancel any Contract of Sale in respect of any such vehicle and repossess the vehicle from you (or those purchasing the vehicle through you) to ensure it is not used on the public highway in contravention of these Terms and Conditions.

9.5 You must give us reasonable access to your premises (or any other premises where any Category B vehicle purchased from us has been stored) during normal business hours to allow us to audit the disposal process as the case may be, and to audit any disposal of any Category B vehicle you have purchased through us in compliance with these Terms and Conditions. At the time of such audit you shall provide us with proof on request of your up-to-date Waste Management Licence (or Environmental Permit), up to date ATF registration and all Certificates of Destruction or Notifications of Destruction (as applicable) we request which you have raised in relation to any Category B vehicle you have purchased through us.

9.6 You agree that references in this clause 9 to a Category B vehicle apply equally to a Category B Motorcycle, Quad bike, ATVs, HGVs Vans, Light Commercials, all types of farm machinery including Tractors telehandlers combines etc. You promise that you will make no attempt to repair a Category B motorcycle (or other Category B vehicle) or sell a Category B motorcycle (or other Category B vehicle) for use on the public highway, a race track or at any off-track event.

Export Category B Buyers

9.7 If you intend to buy Category B vehicles for export only and have not got and do not operate from a UK address, then clauses 9.1- 9.6 above will not apply. Notwithstanding this, Category B vehicles are sold on the basis that all usable parts will be removed and the remains of the vehicle will be crushed or destroyed. It is your sole responsibility to ensure that you are aware of and fully compliant with any aspect of UK End-of-Life Vehicle legislative requirements that may affect your purchase and/or transportation of such vehicles while in the UK including without limitation the Control of Pollution (Amendment) Act 1989, the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991, and the Trans frontier Shipment of Waste Regulations 1994. It is your sole responsibility to ensure that the receiving country (and any intermediate country through which you transport the vehicle) will allow the entry of non-depolluted Category B vehicles, and that you comply in full with all local laws of the receiving (and each intermediate) country. Category B vehicles that are exported from the UK must never be returned to the public highway anywhere in the World. We reserve the right to impose a lifetime ban from our Services if a Category B vehicle you bought for export is found to have been returned to the public highway anywhere in the World.

Category B Buyers (UK and Export) General

9.8   You promise that you and any UK agent you appoint or third party you instruct to collect a Category B vehicle from our premises on your behalf possesses a current Waste Carrier’s Licence and will provide us with such licence on our request.

9.9 No refund will be payable to you (or any subsequent purchaser) if you (or they) breach the Association of British Insurers’ Code of Practice for the Disposal of Motor Vehicle Salvage (“ABI Code”) relating to the handling and processing of a Category B vehicle. You agree to bear and repay to us on demand the costs of any remedial action we undertake as a result of any breach of this clause 9 and/or any costs, claims, losses, expenses and damages we incur as a result of such breach.

 

  1. FEES, PAYMENTS AND DELIVERIES

10.1 The buyer’s premium, member, convenience, storage, loading, late payment, relist, delivery, guest or other fees (“Fees”) applicable at each of our facilities may vary by location and are subject to change without notice. Current Fees are displayed at our premises and/or on our Website. You are solely responsible for ascertaining the Fees applicable to each of our facilities and the Fees (if any) applicable to each purchase.

10.2 Unless expressly stated to the contrary by us in writing, upon the conclusion of a Contract of Sale, you become liable to pay the purchase price for the Lot you have purchased and as stated in your bid, together with any applicable VAT (collectively the “Price”) and any other Fees due in respect of that Lot. You may not solicit any third party to settle any invoice or pay any monies owing to us on your behalf. We shall be entitled to refuse to accept payment from anyone other than you in respect of any amounts owing to us by you.

10.3 We must receive the Price and all Fees due under a Contract of Sale in cleared funds (paid by such method as from time to time we have agreed to accept) within two business days of conclusion of that Contract of Sale (“Date of Sale”). As at the date of these Terms and Conditions you may pay by credit/debit cards, CHAPS bank transfer, or cash (though the maximum cash sum we will accept on any business transaction is £9,000). For more information click here

10.4 Lots with a hammer price up to £2500.00 (hammer price) this does not include fees must be paid in full on sale day. Lots over £2501.00 (hammer price) minimum 10% deposit to paid on sale day with the balance paid in full within 2 days of sale. Payments can be made by debit or credit cards and are subject to a handling charge of 3% plus VAT.

10.5 Where you have not made payment in accordance with clause 10.3 above, you agree that we may, in our absolute discretion, cancel the Contract of Sale and/or offer the relevant Lot for re-sale without notice to you. In such case, you agree to pay the relevant relist fee in force at the time. If you cause an excessive number of Lots to be relisted, we may suspend or revoke your membership in our absolute discretion.

10.6 Such right and title as we or the Seller has to each Lot you purchase will transfer to you absolutely when we receive the price and all applicable fees in cleared funds, subject always to our right to cancel any Contract of Sale and negate such title transfer in accordance with these Terms and Conditions.

10.7 If you have elected and paid for delivery, we will automatically make arrangements to deliver each Lot to your nominated address without further request from you. Our delivery obligation extends only to addresses in the mainland UK and time is not of the essence for delivery. While we will use our reasonable skill and care in delivering Lots to you, you acknowledge and accept that many such Lots are in a damaged state and further damage may inevitably occur during loading, unloading and/or in transit. You accept that we will not be liable for any further damage done to Lots you have purchased during their loading, unloading and/or while they are in transit. We will not deliver any Lot to you and our obligation to deliver any such Lot shall not accrue until we have received full payment in cleared funds of all sums due in respect of that Lot.

10.8 Alternatively you may elect to collect each Lot you have purchased on or after the Date of Sale, although we will release it to you only when we have received full payment in cleared funds of all sums due in respect of that Lot. When you collect Lots from us, you agree to comply at all times with our safe working procedures and site rules in force from time to time and to hold us harmless for any loss or injury sustained as a result of your failure to do so.

10.9 You agree that if a vehicle you purchase is (a) by reason of its construction, state of brakes, steering, tyres, lights and equivalent reflectors or other damage in an unroadworthy condition, or (b) otherwise cannot be used lawfully on the road, or (c) does not have a valid Department of Transport Test Certificate, insurance certificate or any other certificate required by law, then you shall not use that vehicle on the public highway and you shall not remove it (or cause it to be removed) from our premises under its own power.

10.10 Our and/or the Seller’s liability in respect of each Lot you purchase ends upon the transfer to you of such right and title as we have (or the Seller has), and you are on risk for all risks from the moment of the concluded Contract of Sale for the purchase of each Lot. You must register with the DVLA each vehicle you purchase from us or complete a statutory off-road notification. All fixed penalty notices and/or other legal demands, fees and charges relating to each vehicle you purchase will be your sole responsibility from the Date of Sale of that vehicle. At all times you must comply with the ABI Code. If you fail to carry out any of these requirements we may suspend or revoke your membership in our absolute discretion.

10.11 Any Lot remaining uncollected (and/or that we have been unable to deliver) on our premises shall be at your absolute risk from the Date of Sale and we accept no responsibility for any loss or damage howsoever caused to such Lot from the Date of Sale.

10.12 If a Lot remains uncollected (and/or that we have been unable to deliver) on our premises seven calendar days after the Date of Sale, then you shall pay to us a storage fee for each day or part day thereafter. Where either a storage fee has been incurred, or you owe us relist fees or money in respect of any liability to us (irrespective of how long the Lot has been stored), we will not release that Lot until you pay us the storage fee and/or any other relist fees and outstanding sums in full in cleared funds. You agree that we may keep possession of such a Lot pending payment of all outstanding sums and you acknowledge and accept that we may have a lien (whether contractual, general or specific) over that Lot for this purpose. You agree that we may at any time after seven calendar days from the Date of Sale, without further notice, sell a Lot you have purchased, as agent acting on your behalf. In the event of such sale, we shall be entitled to deduct and retain from the sale proceeds all storage costs, relist fees and any other outstanding sums owed to us by you, as well as our sale costs and we shall remit the balance (if any) to you.

10.13 If you make payments to Adam Hewitt Limited via bank transfer, those payments must originate from a bank account in the same name as your Adam Hewitt Limited account. If you are entitled to make payments to Adam Hewitt Limited using debit or credit card, any card you use to make a payment to Adam Hewitt Limited must be registered in the same name as your Adam Hewitt Limited account. If payments are found to have been made from a bank account or card in a different name, Adam Hewitt Limited reserves the right to suspend or close your account immediately.

              

  1. CONTACT WITH PREVIOUS OWNERS

11.1 You agree that you shall not contact the previous owner of a Lot, unless we have given you written confirmation that such previous owner is the Seller of such Lot and unless we have authorised you to contact such Seller.

 

  1. MISCELLANEOUS PROVISIONS

12.1 You agree not to assign, transfer or novate your rights or obligations under these Terms and Conditions or in respect of any Lot you purchase. We may do so where we have a good reason.

12.2 We shall have no liability to you for any delay to performance (and the time for performance shall be and is extended accordingly) if that delay is due to circumstances beyond our reasonable control. If we grant you an indulgence on the performance of any obligation under these Terms and Conditions, such indulgence shall not constitute a waiver of any of our rights.

12.3 These Terms and Conditions contain the entire agreement between (a) you and us with regard to your use of our Website and Services and your purchase of any Lot pursuant to them, and (b) you and the Seller of any Lot you purchase through our Website or Services. No representation of our employees, officers or agents shall represent an addition or amendment to these Terms and Conditions unless the same has been set out in writing and signed by our Company Secretary and/or a director.

12.4 The laws of England and Wales govern these Terms and Conditions, the purchase of any Lot through our Services, and any Contract of Sale concluded in accordance with these Terms and Conditions. You irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any disputes arising from the same.

12.5 No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between you and us by reason of these Terms and Conditions.

12.6 In our discretion we may serve any notice on you by email, fax or First Class post. In the case of notices sent by email or fax, you will be deemed served at the time and date of successful transmission; in relation to notice by First Class post you will be deemed served two business days after posting.

12.7 No person other than you has any rights under the Contract (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of these Terms and Conditions.

12.8 Unless otherwise stated, all Prices, Fees and other sums are quoted and payable in British pounds sterling.

12.9 As part of the registration process you agree to receive such marketing and promotional materials via First Class post, email and/or fax as we may deem appropriate to send you in connection with our Services.

12.10 We may at any time, without notice to you, set off any liability you owe us against any liability we owe you, whether any such liability is present or future, liquidated or unliquidated, under these Terms and Conditions or not, and irrespective of the currency of its denomination. If the liabilities to be set off are expressed in different currencies, we may convert either liability at a market rate of exchange for the purpose of set-off. If you have (or we reasonably believe you have or are connected with) more than one account with us, we may use a positive balance in one of your accounts in set-off against any negative balance on another account. Any exercise by us of our rights under this clause 11.10 shall be without prejudice to any other rights or remedies available to us under these Terms and Conditions or otherwise.

12.11 You must pay all amounts due under these Terms and Conditions in full without any deduction or withholding (other than any deduction or withholding of tax required by law) and you shall not be entitled to claim set-off or to counterclaim against us in relation to the payment of the whole or part of any such amount.

 

  1. SALES OF PARTS

13.1 Occasionally we may hold sales to registered Trade Members of individual vehicle parts and at all such Parts Sales these Terms and Conditions shall apply as permitted by law, with the provisions of this clause 13 taking precedence over any conflicting provisions elsewhere in these Terms and Conditions. For the purpose of clause 13, ‘parts’ means one or more individual parts and does not include a Category B vehicle.

13.2 YOU ARE BUYING PARTS IN YOUR CAPACITY AS A TRADE BUYER, SO CONSUMER PROTECTION LAWS DO NOT APPLY TO PARTS PURCHASES AND ALL IMPLIED TERMS (STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL PARTS SALES ARE FINAL – RETURNS ARE NOT ACCEPTED – AND ARE MADE ON AN “AS IS, WHERE IS” BASIS. IT IS YOUR SOLE RESPONSIBILITY TO MAKE ALL NECESSARY ENQUIRIES AND INSPECTIONS TO SATISFY YOURSELF AS TO A PART’S SUITABILITY AND CONDITION BEFORE MAKING AN OFFER. THE PROVISIONS OF CLAUSE 8 APPLY IN FULL TO PARTS PURCHASES.

13.3 A bid you place on a part(s) will be binding if we accept it by a notice displayed on the Website. The moment you are so notified that your bid has been successful, a Contract of Sale will be concluded in respect of the part(s) A Contract of Sale will only be concluded in relation to Minimum Sales if the reserve price has been met or exceeded. A Contract of Sale will be concluded in relation to On Approval Sales if and when the Seller accepts your bid. In each case, the Contract of Sale will be between you as the winning bidder and the Seller (who may on occasions be us). Unless we are the owner of the part(s) sold, we are not party to any Contract of Sale. These Terms and Conditions, however, govern the Contract of Sale.

 

  1. YARD RULES

14.1 You must not undertake any repairs or alterations to Lots on our premises.

14.2 If you have told us the date on which you are going to collect a Lot you have purchased, any such Lot not collected and removed from our premises by 17:00 hours on that date will be returned to the secured storage area; we will not release it to you until you have paid us an additional loading and storage fee in cleared funds.

14.3 Any person caught stealing, damaging or vandalising any Lot, parts, keys, or our property will be reported to the authorities.

14.4 I hereby voluntarily, at my own risk, sign this Waiver and Assumption of Risk in sole consideration of being permitted to use the Company’s facilities or property. 
I hereby acknowledge and understand that there are dangers and risks associated with the activities described above, which have been fully explained to me. I hereby agree to abide by all rules, instructions, policies and procedures imposed by the Releasee relating to the use of the facilities or property.
By signing this Waiver and Assumption of Risk, I fully assume the dangers and risks, and agree to use my best judgment while engaging in those activities. I further agree to indemnify and hold harmless the Releasee, its employees, agents, officers, from and against any and all liability incurred as a result of or in any manner related to my participation in the activities.
I hereby certify that I am of legal age and competent to execute this Waiver and Assumption of Risk, that in doing so of my own free will and accord, voluntarily and without duress, and that I do so intending to bind myself, my executor, my heirs, and administrators or assigns to the fullest extent.
I have read and understood the foregoing, and acknowledge my consent to the terms of this Waiver & Assumption of Risk by signing this Waiver.

14.5 Where permitted by law, our premises are protected by electric fencing and other security measures. You must not touch or otherwise interfere with such fences or other security measures: if you do, you do so at your own risk.

14.6 A high visibility jacket or vests must be worn when on site –these are available in our reception.

 

  1. BIDDER INCREMENT TABLE

15.1 The bid range and increments are as follows.

Bid Range (£)

Increment (£)

£0 - £10

£1

£10 - £50

£5

£50 - £100

£10

£100 - £1,000

£25

£1,000 - £5,000

£50

£5,000 - £25,000

£100

£25,000+

£250

 

  1. ADMINISTRATION FEES

16.1 Administration fees per Lot;

£0- £250 Flat Charge £25

£251- £2,500 up 10%

£2,501 plus 5%

Maximum fee charge £1,500

 

  1. CONTACTS

Adam Hewitt Limited

Harvington Manor

Worcester Road

Harvington


Nr Kidderminster

Worcestershire

DY10 4LX

United Kingdom


Tel: 01562 773222

Email: info@adamhewitt.com

UK VAT registration number: 121 9702 34

Company registration number: 07622337