This User Agreement is a legal agreement between you (you or your) and Redcorn Ltd
The auctions on this website are for Salvage Vehicles.
ALL BIDS ARE FINAL
If you place a bid on a auction then you are agreeing to purchase that auction at the price you have bid and all auctions must be paid for in full plus commission and VAT where applicable. Care must be taken by the bidder at all times whilst the auction is running as bids may be non-retractable. By agreeing to these Terms & Conditions you agree to pay for any auctions that you bid on and this is legally binding.
THE DESCRIPTION IS A GUIDE ONLY
While we have taken a great deal of care and attention in presenting the items for sale in an accurate manner, we do highly recommend that you take advantage of the viewing days to inspect the item beforehand and satisfy yourself that what you are bidding for is as described. If you choose not to take advantage of viewing an auction before bidding then you understand this is at your own risk. There are no warranties or guarantees given or implied by Redcorn Limited. Where terms are used (runs, drives, keys etc) and other details used in the description, it is purely as an observation only. By bidding on the item/s we assume that you are satisfied with your pre-sale checks and will do so accordingly.
BUYING
Redcorn have absolute discretion without giving any reason to refuse admission to our auctions to any person including online bidders.
VAT will be charged on all site fees. Auctions unless otherwise stated at 20%
PAYMENT
Without exception, all accounts must be settled in full three working days from the end of the sale. We accept bank transfer (details will be sent following the sale), cash or chip and pin. All items on your invoice must be paid for in full before removal of any items. Penalties & charges will be imposed at our discretion if payment falls outside the time limits set by us.
WARRANTIES & GUARANTEES
There are no warranties or guarantees given or implied on any items in an auction. Once you have won the auction, you are committed to pay for that auction in full. Abbreviations in the description, Eg. (Runs & Drives) are given as an observation only. Abbreviations do not imply any form of guarantee or warranty. All items are sold with all of their faults, incompleteness and imperfections. If you have not inspected the equipment, assume that it does not run, it is in an unsafe state and unfit for immediate use or beyond repair.
BUYER RESPONSIBILITY
The winning bidder enters into a contract with Redcorn Limited to pay for the item/s from the point of purchase.
All items become the responsibility of the buyer if they have won the auction (at the point of purchase). We recommend that the buyer make any required insurance arrangements straight away. Auctions are at the Sellers’ risk up to the time of sale and the Buyers’ risk after that. If auctions are demonstrated to prospective Buyers this is done at the Sellers’ risk. Redcorn Limited accept no responsibility for loss or damage no matter how it arises. Title does not pass to the buyer until the item has been sold.
The Buyer of any item is responsible for complying with all legal requirements as to the construction and use of that item and for obtaining all authorisations necessary before the item can be used. It is a condition of sale that any necessary work is carried out (and in particular that any motor vehicles are made roadworthy) before the auction is used.
All items must be removed from the site in a timely fashion; storage charges will apply to all items not removed from this auction site after 2 weeks. They are charged at £50 per item per week. Items, vehicles or parts not collected within one month may be reconsigned to the next auction and sold WITHOUT RESERVE.
DEFINITIONS
a) “Seller” includes the owner of the auction and any other person offering the auction to the Auctioneers for sale whether authorised by the owner or not.
b) “Buyer” includes the highest bidder, the person to whom a auction is sold by private treaty, the person declared by the Auctioneers as being the Buyer and the principal of any of the above if they are acting as agents.
c) “Sale” includes a sale by private treaty.
d) “auction” includes all auctions entered for sale whether by public auction or by private treaty.
e) The expressions “Seller”, “Buyer”, and “Auctioneers” include where appropriate their employees and agents.
AUCTIONS (BIDDING AGREEMENTS) ACT 1927, ss1-4
1. Certain bidding agreements to be illegal
(1) If any dealer agrees to give, or gives, or offers any gift or consideration to any other person as an inducement or reward for abstaining, or for having abstained, from bidding at a sale by auction either generally or for any particular auction, or if any person agrees to accept, or accepts, or attempts to obtain from any dealer any such gift or consideration as aforesaid, he shall be guilty of an offence under this Act, and shall be liable on summary conviction to a fine not exceeding the statutory maximum, or to a term of imprisonment for any period not exceeding six months, or to both such fine and such imprisonment.
Provided that, where it is proved that a dealer has previously to an auction entered into an agreement in writing with one or more persons to purchase goods at the auction bona fide on a joint account and has before the goods were purchased at the auction deposited a copy of the agreement with the auctioneer, such an agreement shall not be treated as an agreement made in contravention of this section.
(2) For the purpose of this section the expression ‘dealer’ means a person who in the normal course of his business attends sales by auction for the purpose of purchasing goods with a view to reselling them.
(3) In England and Wales a prosecution for an offence under this section shall not be instituted without the consent of the Attorney-General or the Solicitor-General.
2. Right of vendors to treat certain sales as fraudulent
Any sale at an auction, with respect to which any such agreement or transaction as aforesaid has been made or effected, and which has been the subject of a prosecution and conviction, may, as against a purchaser who has been party to such agreement or transaction, be treated by the vendor as a sale induced by fraud:
Provided that a notice or intimation by the vendor to the auctioneer that he intends to exercise such power in relation to any sale at the auction shall not affect the obligation of the auctioneer to deliver the goods to the purchaser.
3. Copy of Act to be exhibited at sale
The particulars which under section seven of the Auctioneers Act 1845, are required to be affixed or suspended in some conspicuous part of the room or place where the auction is held shall include a copy of this Act, and that section shall have effect accordingly.
4. Short title, commencement and extent
(1) This Act may be cited as the Auctions (Bidding Agreements) Act 1927…
(2) This Act shall not extend to Northern Ireland.
Redcorn Limited
AUCTIONS (BIDDING AGREEMENTS) ACT 1969 ss1-5
Offences under Auctions (Bidding Agreements) Act 1927 to be indictable as well as triable summarily, and extension of time for bringing summary proceedings
(1) Offences under section 1 of the Auctions (Bidding Agreements) act 1927 (which, as amended by the Criminal Justice Act 1967, renders a dealer who agrees to give, or gives, or offers a gift or consideration to another as an inducement or reward for abstaining, or for having abstained from bidding at a sale by auction punishable on summary conviction with a fine not exceeding the statutory maximum or imprisonment for a term not exceeding six months, or both, and renders similarly punishable a person who agrees to accept, or accepts, or attempts to obtain from a dealer any such gift or consideration as aforesaid) shall be triable on indictment as well as summarily; and the penalty that may be imposed on a person on conviction on indictment of an offence under that section shall be imprisonment for a term not exceeding two years or a fine or both.
(5) This section applies only to offences committed after the commencement of this Act.
2. Persons convicted not to attend or participate in auctions
(1) On any such summary conviction or conviction on indictment as is mentioned in section 1 above, the court may order that the person so convicted or that person and any representative of him shall not (without leave of the court) for a period from the date of such conviction –
(a) in the case of a summary conviction, of not more than one year, or
(b) in the case of a conviction on indictment, of not more than three years,
enter upon any premises where goods intended for sale by auction are on display or to attend or participate in any way in any sale by auction.
(2) In the event of a contravention of an order under this section, the person who contravenes it (and, if he is the representative of another, that other also) shall be guilty of an offence and liable –
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(3) In any proceedings against a person in contravention of an order under this section consisting in the entry upon premises where goods intended for sale by auction were on display, it shall be a defence for him to prove that he did not know, and had no reason to suspect, that goods so intended were on display on the premises, and in any proceedings against a person in contravention of such an order consisting in him having done something as the representative of another, it shall be a defence for him to prove that he did not know, and had no reason to suspect, that that other was the subject of such an order.
(4) A person shall not be guilty of an offence under this section by reason only of his selling property by auction or causing it to be so sold.
3. Right of seller of goods by auction where agreement subsists that some person shall abstain from bidding for the goods
(1) Where goods are purchased at an auction by a person who has entered into an agreement with another or others that the other or others (or some of them) shall abstain from bidding for the goods (not being an agreement to purchase the goods bona fide on a joint account) and he or the other party, or one of the other parties, to the agreement is a dealer, the seller may avoid the contract under which the goods are purchased.
(2) Where a contract is avoided by virtue of the foregoing subsection, then, if the purchaser has obtained possession of the goods and restitution thereof is not made, the persons who were parties to the agreement that one or some of them should abstain from bidding for the goods the subject of the contract shall be jointly and severally liable to make good to the seller the loss (if any) he sustained by reason of the operation of the agreement.
(3) Subsection (1) above applies to a contract made after the commencement of this Act whether the agreement as to the abstention of a person or persons from bidding for the goods the subject of the contract was made before or after that commencement.
(4) Section 2 of the Auctions (Bidding Agreements) Act 1927 (right of vendors to treat certain sales as fraudulent) shall not apply to a sale the contract for which is made after the commencement of this Act.
(5) In this section, ‘dealer’ has the meaning assigned to it by section 1(2) of the Auctions (Bidding Agreements) Act 1927.
4. Copy of the Act to be exhibited at sale
Section 3 of the Auction (Bidding Agreements) Act 1927 (copy of Act to be exhibited at sale) shall have effect as if the reference to that Act included a reference to this Act.
5. Short title, commencement and extent
(1) This Act may be cited as the Auctions (Bidding Agreements) Act 1969.
(2) This Act shall come into force at the expiration of one month beginning with the day on which it is passed.
(3) This Act shall not extend to Northern Ireland.
UNPAID/NOT COLLECTED VEHICLES OR ITEMS
If a vehicle is not collected/paid for within 7 calendar days, we reserve the right to apply a re-listing/backing out fee of 10% of the winning bid (Min £100.00, Max £500.00) to reactivate your account. Continual non-payment will result in permanent suspension of your account.
CHARGES FOR STORAGE
Once you have made payment for your vehicle please book a collection time, storage charges will incur of up to £20.00 per day if the vehicle is not collected within 3 calendar days.
Redcorn Limited