Terms and Conditions
Terms and Conditions
You must be 18 years of age to use this Website.
You agree to be bound and abide by the terms and conditions detailed below. These are brought to your attention at the point of registration for bidding at each sale. You are advised to read them carefully and only register if you agree with them. UBID AUCTIONS LTD hold Preview days allowing bidders the opportunity to view and inspect the goods offered prior to bidding. We remind you that if you are a consumer you have no right of cancellation under the Distance Selling Directive (Directive 97/7/EC). The implied terms of The Sale of Goods Act do not apply to Auction Sales of Second hand goods (provided, opportunity to attend in person - see DTI Directive. The Sale and Supply of Goods to Consumers Regulations 2002). Caveat Emptor applies. If you do not agree to these terms and conditions, please do not register for the auction. Registration and/or bidding for any lot shall be deemed to be acceptance of these terms and conditions.
For the purposes of these terms we will use the following definitions:
"UBID AUCTIONS LTD" T/A UBID AUCTIONS LTD, the Company that owns and operates the www.uidauctions.co.uk website with its registered office at 5 Doolittle yard, Froghall Road, Ampthill, Beds, MK45 2NW registered number 06948981,
"Website" refers to www.ubidauctions.co.uk
"Auctioneer" means the traditional Auctioneer who has listed their catalogue with UBID auctions Ltd
"Timed Auction" means an automatic auction that takes place online. The Auctioneer will describe the lots, list them on the "Website” and deal with all pre and post-sale enquiries, we will hold preview days. Bids are placed and accepted without the auctioneer calling the bids. Each auction shall have an end time and to prevent “bid sniping” the end time will automatically be extended. The highest bid to be the winning bid
"Bidder" means anyone using the www.ubidauctions.co.uk website whether registered to do so or is merely browsing the site.
“Seller” means the owner of the goods being entered into the auction
“Goods” means the goods sold pursuant to the auction process.
"Live Bidding Console" this is the web based console that the Auctioneer uses to run the live element of the sale. The Bidder also has a Live Bidding Console that is used to place bids live during the sale.
"Live Bid" is when a Bidder clicks on the bid button on the Live Bidding Console which is then relayed to the Auctioneer.
“Purchase price” means the sum total of the hammer price plus VAT and is payable in GBP (sterling) unless otherwise stated in writing.
“VAT” means the applicable tax payable to HMRC
“Net sales proceeds” means the hammer price of the lot sold (as received by UBID in full and cleared funds from the buyer) less Sellers commission, entry fee’s and any other expenses payable by the seller to UBID in accordance with these terms of consignment.
“Sellers Commission” means the commission payable by the seller to UBID in relation to the sale of a lot which is consigned by the seller, such commission payable at the date of the sale together with any applicable VAT at the current rate of UK VAT. (Currently 20%)
UBID auctions Limited has developed a portal website that allows Bidders to participate in a real auction in real time without having to attend the sale in person. The auction is broadcast via the internet and the bidder is given the opportunity to bid by clicking a bid button.
The Bidder must register with UBID auctions limited in order to use the Website.
The Bidder must then register for each sale they intend to bid in and be approved by the Auctioneer prior to bidding. Once the Bidder has chosen a registration option for a sale and registered for that sale the Bidder cannot change the registration option for that sale. The Bidder must provide up to date correct information.
The Auctioneer may approve or decline a Bidder at his discretion and is not obliged to disclose reasons for declining a Bidder. UBID auctions limited reserves the right to refuse and or cancel a registration for any reason.
The Bidder agrees to not disclose details of their account to any third party or share account details with any other party. The bidder accepts that all activity conducted via their account will be the liability of the Bidder account holder.
If the Bidder believes that there has been any breach of security such as the disclosure, theft or unauthorised use of the Bidder login or account details, the Bidder must immediately notify UBID auctions limited by email at email@example.com
The employees or representatives of Seller are not authorized to make any statement or representation as to the quality, character, size, condition, quantity, etc. of the goods offered for sale inconsistent with these Terms and Conditions. Any such statements made will not be binding on Seller or be grounds for any subsequent claim.
The Bidding Process
Bidders have a responsibility to make their own inspection and investigation of the, and to satisfy themselves on all matters affecting the lots, and to inspect and satisfy themselves prior to the sale, as to the condition and description of a lot, its fitness and suitability for purpose.
Goods are believed to be correctly described but all goods are sold with all faults, imperfections and errors of description.
Before bidding the Bidder should satisfy that the item that they are bidding on is what they think it is and that they complete. UBID auctions limited accepts no responsibility for the description, authenticity, attribution, genuineness, origin, provenance, authorship, date, age, period, quality, condition, and fitness for purpose or legality of any lot offered.
Neither we nor UBID auctions Ltd nor the Auctioneers, their servants or agents makes or gives, nor has any person in the employment of the Auctioneers any authority to make or give, any representation or warranty in relation to any lots.
All Bids are final and legally binding in accordance with English Law. All hammer prices are exclusive of Value Added Tax and this will be charged at the applicable rate if selling to the UK on top of the final bid amount.
The Live bidding console is operated by the Auctioneer’s clerk as the sale happens, following the Auctioneer. This relies on the accuracy and speed of the clerk, and the patience of the Auctioneer to accept bids from the console as they are relayed to the Auctioneer by the clerk. We ask all Bidder’s to bid early and quickly in order to avoid missed bids. UBID auctions limited accepts no responsibility for the failure or non- acceptance of bids by the Auctioneer for whatever reason.
UBID are not responsible for obtaining any documentation to enable use of the machinery, for example, lifting certificates, certificates of newness, V5 documents, CE documentation, list is for example and not limited to just those stated. If we have the documents they will of course be forwarded to you. Please request this information before bidding if it effects your use of the machinery. We are not liable for any costs associated to not providing any documents that you require.
The Seller’s commission is charged at the following rates and will be deducted from the sales proceeds; a HPI charge will be levied against each item for £5.00 + VAT per item.
- 15% For lots receiving the hammer price of less than £500 GBP
- 10% For lots receiving the hammer price of more the £500 but less than £2,000
- 2.5 % For lots receiving the hammer price of more the £2,000
The Buyer’s commission is charged as follows and will be added to the hammer price;
- 2.5% for each lot successfully won.
If you wish to bid on any items we request a minimum of £500 deposit which will be refundable via PayPal / Takepayments. Or alternatively should you wish to make a deposit over the phone you can do so by calling +44(0)1223857449
We do not store card details, we take your deposits over the phone and key them straight in to our Take Payments DSS device, your details are not written down or copied and as such for us to issue you a refund you will need to be on the phone for us to process. In accordance with PCI compliance.
Deposits are not automatically refunded and buyers must request a refund via email or alternatively over the phone. If the refund is not requested we shall hold the deposit on account and you will automatically be registered for the next auction.
The Bidder agrees to pay UBID auctions limited for the won lots together with any other VAT and Auctioneer charges and sales commissions. In the event that the Bidder fails to pay for successful bids the deposit will not be refunded and kept to cover loss of sale charges and admin expenses incurred, we will also issue debt collecting proceedings, and late payment fee’s, admin charges and all legal expenses incurred will be levied against the debt.
Default by Bidder
Upon failure by the Bidder for whatsoever reason:-
(i) to pay a deposit in full if required; or
(ii) to pay the purchase price in full on the due date; or
(iii) to provide any documentation required under these conditions; or
(iv) to remove the goods in a safe or satisfactory way; or
(v) to remove any lot from the premises on or before the date specified for removal.
UBID Auctions limited will be entitled to rescind the contract forthwith without incurring any liabilities to the Bidder and, without prejudice to any claims of UBID and/or the Auctioneers against the Bidder arising from breach of contract or otherwise, upon rescission as aforesaid the following provisions apply:
(a) all monies deposited in part payment will be forfeited and used to pay UBID and/or Auctioneer's expenses referred to in paragraph (d) below;
(b) if the lots have been removed in breach of these conditions, UBID Auctions Limited and/or the Auctioneers, their servants or agents may enter the premises of the Bidder to recover such lots;
(c) lots may be re-sold or otherwise disposed of by the Auctioneers in the manner they feel appropriate at their sole discretion and any deficiency arising upon the resale together with the expenses of it shall be due as a debt from the Bidder in default upon the first sale. The Bidder consents to such a resale on the Auctioneer’s conditions of business applicable at the time of resale. Neither the Auctioneers nor UBID Auctions limited shall be liable to account to the Bidder in the event of a re-sale at a higher price than the price contracted to be paid by the Bidder. The Bidder waives any claim in such a case that he may have title to the lot and agreed that any re-sale price shall be deemed commercially reasonable;
(d) the Bidder will be responsible from the specified time for final removal for all losses and expense incurred by UBID Auctions Limited and/or the Auctioneers including storage, security and removal expenses, the costs of re-selling or disposing of lots and Auctioneer's commission.
Unsold and Withdrawn Items
In the event that a Lot remains unsold at auction, the Seller authorises UBID at its discretion, to negotiate a sale by Private Treaty following the auction. The charges and expenses as set out in these Terms of Consignment for Sellers will be payable by the Seller as if such Lot had been sold at auction. Insofar as is appropriate, the Conditions of Business are applicable to any such Private Treaty sale. The Auctioneers reserve the right to sell such Lot(s) at the reserve price without further consultation with the Seller.
If an item is unsold it may, with the Seller’s consent, be re-offered at a future auction. The Conditions of Business shall be applicable to any items re-consigned for sale. Where, in UBID opinion, an item is unsaleable, the Seller must collect such items from the sale site promptly on being so informed and in any event within 14 days of such notification.
Alternatively, unsold items may be collected by the Seller within 14 days of the sale in which the Lot was last entered, subject to payment by the Seller of any expenses due to UBID, UBID may, at its absolute discretion, withdraw an item from sale if it reasonably believes that the warranties given by the Seller under the Conditions of Business in relation to that item may be breached, or if they become aware of an actual breach of the warranties in relation to any item UBID will notify the Seller if the Seller’s property is withdrawn from sale. The Seller must collect its property promptly on being so informed and in any event within 10 days of such notification.
For the avoidance of doubt, unsold and withdrawn Lots will not be released to the Seller until all fees and expenses, due to the Auctioneers under these Terms of Consignment for Sellers, have been paid in full to UBID by the Seller.
All Lots brought to the sale site must be offered for sale by auction and must not be sold privately before the sale. In the event that any private transactions take place following a sale whilst the Lot(s) remain on the sale site, they must be notified to the Auctioneers. Such transactions will be treated as a sale of the Lot(s) by the Auctioneers.
The seller authorises UBID to act as agent on its behalf and to charge and receive commission from the buyer at the standard rates set out in the terms and conditions
The seller authorises UBID to deduct commission at the stated rate and all expenses incurred for the seller’s account from the hammer price, including but not limited to catalogue and other reproductions and illustrations, any customs duties, licences, marketing, packing, shipping or storage costs, taxes, or bank charges plus an amount in respect of applicable VAT. The seller consents to UBID right to retain beneficially the premium paid by the buyer in accordance with UBID conditions of sale and any interest earned on the sale proceeds until the date of settlement to the seller (subject always to payment by buyer)
The Seller must fill out a contract for consigning items, with the full correct details of the item along with any details of any safety defects and a truthful statement of goods.
The seller must agree and abide by all auction terms and conditions
The seller is the legal owner of the lot consigned to UBID or is fully authorised to sell the property by the legal owner of it;
The seller is able to and shall transfer possession to the buyer good and marketable title to the lot free from any third part rights, claims or potential claims;
The seller has provided UBID with all information concerning the provenance of the lot that is known to the seller and has notified UBID in writing of any concerns expressed by third parties in relation to the ownership, condition, authenticity, attribution, or export or import of the lot.
The seller is unaware of any matter or allegation which would render any description given to UBID in relation to the lot inaccurate or misleading in any way
The lot is not stolen
The lot has been or will be lawfully imported and lawfully and permanently exported as required by the laws of any country in which it is or was located, any required declarations upon the export or import of the lot including but not limited to notification of vehicle arrival (NOVA) declarations have been or will be paid by the seller. And all applicable taxes and duties that may arise will be paid by the seller.
Unless the Seller notifies UBID to the contrary, any electrical or mechanical goods or components are in a safe operating condition if reasonably used for the purpose for which they were designed, and are free from any defect not obvious on external inspection which could prove dangerous to human life or health. If any internal parts are missing and this is not obvious from an external inspection the Seller will describe the item as ‘incomplete’.
The Seller certifies the Lot is not subject to any hire purchase, lease, contract hire agreement or any other contract which would prevent the passing of good title to the Buyer.
The Seller will notify the Auctioneers in writing if any Lot has been recorded by any insurance company as a ‘write off’ or has been subject to a major insurance claim
Where UBID reasonably believes that there may be a breach of any such warranty or representation, UBID is entitled in its sole discretion to rescind the sale.
Items for sale must be consigned to the Auction by any deadline as stated by UBID. All costs and expenses incurred for packing, shipping and delivery to UBID prior to sale are at the Seller’s sole expense.
Shipping or collection
Transport and Shipping is the sellers / bidder’s responsibility. UBID can obtain quotes / deliver / help with documentation at an additional cost, please ask for more details.
The total value of the invoice needs to be paid before collection of the items, or more than 10% of remaining invoice value needs to be left on account to collect individual items.
Risk and Title
As from the date the seller consigns the item to UBID all risks in relation to the goods being sold is the seller’s responsibility.
Until the time the Bidder is declared, all risks in and relating to the Goods purchased, shall pass to the Bidder and the Bidder is strongly advised to effect insurance for these risks at once. In no circumstances will the Auctioneers or UBID Auctions limited be responsible if any Goods or part thereof be lost, stolen, damaged or destroyed after the once the item has been consigned and once the Bidder is declared. UBID Auctions limited shall only sell such title to the Goods as he may have. Neither the Auctioneers nor UBID warrants UBID auctions limited good title to any of the Goods and if it is found that UBID does not have title or unencumbered title to any of the Goods purported to be sold under these conditions the Bidder expressly agrees that it shall have no right either to rescind the contract or to claim damages or a reduction in the consideration paid or payable under the contract. Title to each of the Goods will not pass until:-
(a) all debts owed by the Bidder to the Auctioneers (whether part paid secured or otherwise) are settled and
(b) such Goods have been removed from the premises at which the sale is held or where the Goods are being stored in their entirety.
The Bidder has no right to anything not described in the auction catalogue. Delivery of lots sold will be made only to the declared Bidder and no transfer of any lot or part of a lot to any other person will be recognised. Prior to the removal of any lot UBID may rescind the contract for the sale of that lot and refund to the Bidder any money paid by the Bidder for the lot should any third party claim title to or possession of any part of the lot. The Bidder will be responsible for removal of lots at his own expense and must provide his own labour, and equipment. The Auctioneers require that in pursuit of safe working practice all equipment used for lifting and transportation should be covered by appropriate insurance and registration documents (in particular but not limited to lifting equipment and fork lift trucks). Such documentation shall be produced to the Auctioneers by the Bidder on request for inspection and if the Bidder fails to produce such documentation the Auctioneers reserve the right to refuse to clear the lot and/or rescind the sale in which event the provisions of Default by Bidder will apply. Furthermore appropriate personal protective equipment must be worn during these activities and due regard paid to safe material handling practices.
We reserve the right to charge storage charges on lots that are not collected within 30 days, at a cost of £50 per lot per day. The collection times may vary if the items are stored off site.
Payment to the Seller
- Payment to Seller After the sale of the Seller’s property, settlement of the Net Sale Price due to the Seller shall normally be made not later than 30 days following the sale, subject always to UBID receiving payment of the Purchase Price in full and cleared funds from the Buyer. In the event the Buyer has not paid for the Lot, at the sole discretion of the Auctioneers, no settlement will be made to the Seller until payment is received.
UBID may take the Seller’s instructions regarding recovery of payment, subject to the Conditions of Sale, but it is at UBID’S sole discretion whether to take any action against a Buyer or seek any of the remedies as set out in the Conditions of Sale. UBID is under no obligation to investigate the ability of any Bidder to pay for purchased Lots or to pursue any Buyer for nonpayment.
The Seller agrees to inform UBID of any action which it chooses to take against a Buyer in order to enforce payment by the Buyer.
Any interest earned on Seller’s monies will be retained by the Auctioneers.
Following the sale of any tractors, vehicles or other self-propelled machinery, where the Seller has stated on the Entry Form that a V5 Registration Document is supplied and whereupon the said document is not delivered to the Auctioneers at the time of sale, UBID shall not pay over the Net Sale Proceeds to the Seller until such time as the Seller has delivered the V5 Registration Document to the Auctioneers.
The Auctioneers reserve the right to annul and cancel any sale where the Seller has stated on the Entry Form that the V5 Registration Document is supplied and whereupon the said document is not delivered to the Auctioneers at the time of sale. The Auctioneers reserve the right to apply for a duplicate V5 Registration Document, if one is available, and to charge the Seller the D.V.L.A. fee for such a duplicate together with an administration fee equivalent to 30% plus VAT of the D.V.L.A. charge. Where the Seller does not state the V5 Registration Document is supplied, these charges will not apply. In the event a sale is rescinded, the Seller will be responsible for the cost of any transport incurred in the Lot(s) being transferred to or from the sale site or any other agreed location.
Refund and Cancellation
Any service or subscription charges paid are non-refundable. Services are provided on a per-event basis and paid accordingly. There is no need to inform us of your wish to cancel any service as you will not be re-billed unless you specifically sign up to further events with us. Deposit placed for bidding purposes are refundable upon request in the event that you did not win,
UBID auctions limited can remove an item from sale / cancel a sale at any point without prior notice or explanation.
Limitations of service and Liability
Neither UBID Auctions Limited nor the Auctioneers, their servants or agents shall be liable for any loss or damage suffered by the Bidder arising out of or in connection with any defects or deficiencies in any lots purchased, errors of description in the auction catalogue, any misstatements as to any matter affecting the lots or the failure of the lots to fulfil the functions for which they were intended.
The Auctioneer’s and UBID’S total liability for breach of contract or negligence is limited to the Bid Price.
Neither the Auctioneers nor UBID Auctions Limited shall be liable for any indirect or consequential loss or damage (whether for loss of profit, loss of business or otherwise) incurred by the Bidder whatsoever.
Nothing in these conditions excludes or limits the liability of the Auctioneers or Vendor for death or personal injury caused by their negligence or fraudulent misrepresentation.
Nothing in these conditions shall prejudice the statutory rights of a consumer who shall be bound by these conditions only insofar as they are consistent with such statutory rights.
The Bidder accepts that the website may encounter technical difficulties beyond the control of UBID Auctions Limited and the service may be withdrawn at any time. UBID accepts no liability for loss of service outside its reasonable control including internet failures, subcontractors IT systems, and telecoms failures. The Bidder is advised to make alternative provision for bidding should this occur.
UBID accepts no responsibility for the service and cannot make any guarantees that the service will be uninterrupted.
UBID does not warrant that the Website is free of viruses or anything else that may contaminate or be destructive and therefore the Bidder accepts that UBID does not provide protection of the Bidder’s system against potential threats or damage.
UBID accepts no responsibility for the inclusion of any information, language or content or any detrimental effect it may have.
Accident or Damage
Neither the Auctioneers nor UBID will accept any responsibility for any accident, except for that arising out of its negligence, or the negligence of its agents or employees, resulting in death or personal injury) howsoever caused to any person which may occur whilst on the Auctioneer's premises, UBID premises or such other premises used to hold the auction or to store the lots before during or after the sale and any person entering the premises does so at his own risk and is deemed to have notice of the condition of the premises and their contents.
The Consumer Protection Act 1987
No lots are sold as new.
Health & Safety At Work
It is expressly brought to the Bidder’s attention and that of potential Bidders, at the time of sale, any item of plant, machinery or equipment contained in the goods may not necessarily comply with the Health and Safety at Work Etc. Act 1974; the Environmental Protection Act 1990; Construction Design and Management Regulations 1994 or any other Act of Parliament or regulations thereunder governing the use of that plant, machinery or equipment in a working environment. Bidders of any such plant, machinery or equipment are hereby required to ensure so far as reasonably practicable that such item will be safe and without risk to health and that the use of any such items at a place of work within the EEC & the United Kingdom does not contravene any such Act of Parliament or regulation applicable to such use.
Copyright and Website Protection
The Bidder will not cause UBID Auctions Limited any loss, damage or liability whatsoever. The Bidder will not copy, modify or publically display content of the website, make a derivative product or cause any burden or unreasonable demand on the website. The Bidder will not use any offensive, defamatory, illegal or controversial language when using the Website or act in a manner that will cause harm to UBID auctions Limited
UBID Auctions Limited, we can assure you that your data of which types listed below is stored securely and only used for legitimate reasons. We store such information for our customer and suppliers as your full company details, which can include your name, address, phone numbers, email addresses, company registration numbers, vat numbers, UTR numbers and national insurance numbers for use with the CIS (construction industry scheme) we also store all payment history and transaction history including supplier bank details to enable us to make payments to our suppliers.
We do NOT store any customer banking information or credit or debit card details
We have not and will never sell your data to any third party companies. Unless we are compelled to do so by government agencies / law/
The "Price Guide" is provided with no guarantee of accuracy of hammer prices. The hammer prices published are provided by the Auctioneer during a live auction and do not always reflect unsold lots.
These terms and conditions are subject to change. UBID reserves the right to amend them at any time. Notification of this amendment shall be effected by posting the new terms and conditions on the Website.