CONDITIONS of SALE

DEFINITIONS

A. TCA means Transport Collector Auctions.
B. Auctioneer means the representative of TCA conducting the auction.
C. Auctioneers means Transport Collector Auctions.
D. Vendor means the seller who offers the lot for sale.
E. Purchaser means the person to whom a lot is sold by the auctioneer.
F. VAT means Value Added Tax.

GENERAL

1. All persons on the sale premises, at a venue borrowed or hired by TCA or associated companies are there at their own risk. They will have no claim against the Auctioneers or their employees in respect of any accident, injury, damage or neglect however caused.

2. TCA reserves the right to refuse admission to an auction venue or offices.

3. Prospective purchasers are advised to read all ‘Conditions of Sale’ and any ancillary notices, corrections and updates before bidding on any lot.

4. All descriptions, whether printed, posted on the internet, or oral, are statements of opinion and not of fact. All intending purchasers should satisfy themselves as to the condition, age and authenticity of any lot, however offered. All bicycles, tricycles and motor vehicles are sold as ‘seen and approved’ by all intending purchasers who should satisfy themselves as to the vehicle’s integrity. Many lots will have had major and minor parts replaced and/or refurbished in the past, and their authenticity may be difficult to ascertain. TCA have relied on information received from the vendor which may or may not be accurate, albeit it is offered in good faith but is not part of the contract of sale.

6. Estimates printed in the catalogue, posted on the internet, or given orally, are supplied as guidance only to intending bidders, as prices for particular lots may vary depending on market fluctuations.

8. Any concession allowed by TCA shall not affect the Auctioneer’s rights, or release the vendor or purchaser from liability in respect of these conditions.

VENDOR’S CONDITIONS

9. The vendor indemnifies the Auctioneer and TCA, together with any of its employees, servants or agents, who act solely as agent for the vendor.

10. The vendor warrants to the Auctioneer, TCA and the purchaser that he is the legal owner of any lot, and is authorised to sell same and pass free and full title without any encumbrance or claim. It is the responsibility of the vendor that all legal documents and accompanying paperwork appropriate to any lot should be delivered with the lot before the auction sale. Sale proceeds will not be transferred until such documents are delivered to TCA.

13. Motor vehicles sold through TCA are subject to an HPI Equifax vehicle data check to ensure that they are not listed as being (a) Stolen, (b) Insurance Total Loss or (c) Subject to Outstanding Finance. If it is found that a vehicle is listed in the case of (a) and (b) but has not been declared as being listed by the vendor, the buyer will be offered the opportunity to reject the vehicle or make a revised offer. In the event of (c), the car may be rejected but only after consultation with the finance company.

14. The vendor may, if confirmed in writing to TCA, withdraw a lot, to include a vehicle, from sale, but they will be liable to 16.5% commission plus VAT on the reserve or mid-estimate, whichever is the lower, together with all other expenses incurred by the Auctioneers relating to the preparation and promotion of the lot or lots.

15. All lots, to include motor vehicles, are deemed to be insured by the owner and/or vendor prior to the fall of the hammer. If however, TCA accept responsibility for any loss or damage to a collectors’ item (only), then the lots’ reserve or low estimate, minus all TCA charges will apply in any settlement.

16. All lots are subject to an insurance premium of 1.5% of the hammer price. All lots, to include vehicles, at the fall of the hammer, are deemed to be insured by the purchaser, whether or not the lot(s) has/have been paid for or remain on TCA premises or on premises loaned or hired to them.

PURCHASER’S CONDITIONS

17. In making a bid for any lot, whether in person, in writing, by the internet or on the telephone, purchasers are deemed to have read, understood and agreed to abide by all of the current auction conditions, to include up-lift and storage charges.

19. A contract of sale is made between the vendor and the purchaser on the acceptance of a bid by the fall of the Auctioneer’s hammer. TCA is not a party to the contract of sale and has no liability for any act or default by either the vendor or the purchaser. If an item remains unpaid for, the auctioneer has full discretion to offer that lot or lots to the highest under-bidder at any time after the sale.

20. Responsibility for a purchased lot shall pass at the fall of the hammer; however, legal title shall not pass until TCA is in possession of all cleared funds as payment for that lot.

21. No lot(s) may be collected until the full purchase price and all charges are paid. Any lot(s) not paid for within four working days of the sale, will incur storage charges calculated at the sole discretion of TCA.

22. Full payment for all lots must be made to TCA. TCA reserves the right to accept payment by cheques and telegraphic transfers. Debitcards are charged at £1 per transaction and Credit cards are subject to a surcharge of 3% and other charges of an amount in force at the time of the auction. All lots must be paid for and collected within an hour after the end of the sale. Uncollected lots remaining on site after this time will become liable to a daily storage charge and carriage. Removal of motor-vehicle lots will be charged at cost plus a £100 handling fee.

23. If a purchaser fails to pay in a reasonable time or manner, a surcharge of £10 plus VAT per collector’s items will apply. In the event of failure by the purchaser to remove or pay for his purchase(s), TCA shall have the right, at their absolute discretion and without prejudice to any other rights to: (a) resell the lot(s) by auction, private sale or any other means that they see fit; (b) remove and store the lot(s) at the purchaser’s expense and at the purchaser’s risk and will only release same to the purchaser when the full purchase price, plus commissions, plus storage and uplifting charges are paid.

TCA BANK ACCOUNT DETAILS SHIPPING & STORAGE PARTICIPATION

All participants (Buyers & Sellers) are deemed to have read and understood the full Conditions of Sale as either displayed in this catalogue and/or displayed in the saleroom, or as shown on the TCA Website. All visitors to the sale are there at their own risk and will have no claim on the auctioneers, property owner or lease-holder in the event of any accident injury or neglect, however caused.

7. TCA, if so instructed, will execute bids on behalf of prospective purchasers. Commission bids will be executed as cheaply as possible given the bidding in the room and the internet and reserves. Telephone bidding is only accepted on lots with a minimum low estimate of £500. TCA, its employees, servants and agents shall not be liable for any defaults relating to telephone, fax or absentee bids, including staff and communications fault or failure.

5. TCA reserve the right to accept or refuse any bid(s), regulate the bidding and increments of any bid(s) particularly regard to commission bids, rearrange, consolidate or withdraw any lot(s) or part lot without reason or notice. In the event of a dispute, the auctioneer has absolute discretion to settle such dispute.

11.TCA shall have the right to charge a commission of 16.5% of the final bid price for collector’s items and 10% for motor vehicles together with VAT at the current rate.

12. TCA shall pay the sale proceeds to the vendor not later than 21 days after the auction, providing that the purchase price has been received in full by TCA. TCA reserve the right to withhold payment in the event of any dispute or claim.

18. The purchaser will pay to TCA the ‘Hammer Price’ together with a Buyer’s Premium of 19.5%+ VAT for all lots, or 10% plus VAT for motor vehicles. Internet buyers are subject to a further premium of 3% plus VAT for all lots purchased, and supplied direct to ATG.

24. The purchase price payable by the buyer shall be the sum comprising any or all of the following: (a) Hammer Price, (b) Buyer’s Premium + VAT, Import Duty + VAT (where applicable) and any transport and/or storage charges, and other charges in force at the time of sale, see any ‘Supplementary General Conditions of Sale’ as displayed when appropriate.

Account Name: Transport Collector Auctions
Account Number: 14402025
IBAN Number: GB50NWBK60243714402025
BIC Number: NWBKGB2L
Sort Code: 60-24-37
Bank Address: 2 Hendford, Yeovil, Somerset, BA20 1TM

All uncollected lots, to include those purchased via the internet, will be uplifted after 5 days from the sale site, and removed to the TCA warehouse in Somerset where they may be collected, and will accrue an uplift charge of £10 and a storage charge of £10+VAT a week per lot. For goods marked with a # there is £20+VAT carriage fee.

PARTICIPATION

All participants (Buyers & Sellers) are deemed to have read and understood the full Conditions of Sale as either displayed in this catalogue and/or displayed in the saleroom, or as shown on the TCA Website. All visitors to the sale are there at their own risk and will have no claim on the auctioneers, property owner or  lease-holder in the event of any accident injury or neglect, however caused.