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Terms and conditions of H&F International Limited (company number 12831626 )

1. Our auction services

We provide online auction facility services through which you can bid for vehicles provided by third parties (the vehicles being auctioned are not ours).  All auctions are to take place online.

We are acting as an auctioneer, and as such we are acting as the agent of the seller of the vehicles auctioned. We are not responsible for any default by the seller.  

It is important that you read and understand these terms before using our services. By accessing or using our services, you agree to be legally bound by these terms, as they may be modified from time to time.

We reserve the right to change these terms at any time. Amendments will take effect when posted on our website. By continuing to us our services, you agree to be bound by any amended terms.

2. Registration and qualification to use the Services
1. We only provide our services to businesses and not to consumers. Accordingly, by registering with us and by continuing to use our services you confirm that you are doing so in a business capacity only.
2. Before making a bid, you will need to register with us by completing the registration form on our home page and submitting it to us. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract on behalf of your business. When registering with us on behalf of your business, you warrant to us that you have authority to enter into these terms and any contracts entered into as a result of these terms on behalf of that business and that by registering with us, that business can enter into and be bound by these terms and any contracts entered into as a result of these terms.    
3. You are responsible for ensuring that any registration details you provide us are kept up to date, and you confirm that you will advise us of any changes in your registration details as soon as possible.
4. On occasions certain businesses will be refused access to our services, or their registrations may be rejected. Such suspensions and rejections shall be within our sole discretion.
5. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgment by us that the bidder acts as agent on behalf of a named principal.
3. Information you provide

You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use any information you provide to us or other users of our services, for example during the registration, or bidding process, and for legitimate business purposes e.g. running credit check on you or your business. Such information shall be accurate and complete, shall not infringe any third party’s rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites. You also warrant that you have permission to provide the information you provide us. 

4. Security

You are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification number and password which may be given to or selected by you for use on our site. You may not share these with or transfer them to any third parties. 

5. Availability of site

We cannot guarantee that our website will operate continuously or without faults or interruptions or that it will be error free (and we do not warrant the contend of our website, including but not limited to third party content), and we exclude all liability in that regard to the fullest extent permissible by law. This could affect bidding or other aspects of an auction or sale.

6. General rules governing bidding and buying
1. All bids must be provided to us through the iBidder platform. Please do not contact us directly with any bids as these will not be accepted. A bid will be placed when received by us from iBidder. We will assume that all bids received by us are genuine. Once made, you may not retract a bid without our consent.
2. Other than set out in these terms, we do not accept any liability of any nature as a result of any failure by iBidder to provide us with accurate information regarding you or your bid, or for failure by iBidder to communicate with you regarding your bid and the status of your bid, or for any failure by iBidder to provide us with information relating to you or a bid made by you, or for any information on the iBidder website (including but not limited to information regarding a vehicle we are auctioning being inaccurate) or for any faults or lack of availability of the iBidder website or for the contents of the iBidder website generally.   
3. We reserve the right, at our sole discretion, to refuse any bid placed by you. We will receive your bid from iBidder, but will contact you directly if your bid is refused. We will also let iBidder know that your bid has been refused by us.
4. Each auction will have a start and an end time (bids will not be accepted after the end time). The end time of an auction may only be brought forward in the following circumstances (i) in our absolute discretion (ii) a “Buy it now” price is met in accordance with clause 7.
5. If you are the highest bidder after an auction has ended, you must complete the transaction. Any dispute as to any bid shall be settled at our absolute discretion (and we are not obliged to give any reasons for our decision).
6. A vehicle being auctioned may have a reserve price (as shown on the auction page for the vehicle on iBidder). In most circumstances we will not advertise what the reserve price is.  If the reserve price is not met, then the seller will not be obliged to sell the vehicle If you are the highest bidder when the auction ends and your bid equals or exceeds the reserve price, then clause 6.5 of these terms shall apply. 
7. Your placing of a bid entitles us to rely on your bid and as a result you warrant and undertake that you have the legal right to make such a bid and to enter into any such transaction. By placing a bid, you understand that you are potentially entering into a legally binding transaction for the purchase of a vehicle, and so please do not place a bid unless you consider that you will be able to properly fulfil the terms of any such transaction. 
8. If someone places a bid using your account details, we will assume that the bid came from  your account, so please keep your account details safe. 
9. If you bid for a vehicle, you acknowledge and agree that if you have placed the highest bid (and such bid equal or exceeds a reserve price (if applicable) or you bid a “Buy it now” price (if applicable)), at the point at which the auction ends (or at the point at which your “Buy it now” bid is accepted),a contract of sale will be formed by you and the seller to buy the vehicle.
10. Any contract to buy a vehicle will be made directly between the you and the seller. We will not be a party to or have any liability of whatever nature under that contract. The sale contract between you and the seller will include the relevant parts of these terms including but not limited to clauses 9.2 and 11. Section 12 of the Sale of Goods Act 1979 shall be incorporated into the contract between you and the seller.
11. Please note that copies of the Auctions (Bidding Agreements) Acts 1927 and 1969 are held at our place of business.
12. We reserve the right, at our sole discretion, to suspend, cancel or extend an auction at any time.
13. After you have made a bid, we reserve the right to request a deposit of £300 from you (to be paid in accordance with clause 10.3). If your bid is successful, then this deposit will be set against any amount you owe for the vehicle. If your bid is not successful, then unless you notify us otherwise by email, we will return your deposit to you in full within 48 hours of the end of the auction  
14. iBiidder will keep you updated as to the status of your bid, including letting you know if someone has put in a bid which is higher than a bid made by you.  If you have been successful in your bid, you will be notified of this by iBidder. We will also contact you if your bid is successful to provide you with our invoice and information about when to collect the vehicle, as set out in further detail in these terms. 
15. The title to the vehicle purchased shall not pass to you until you have made payment in accordance with clause 10 and collected the vehicle in accordance with clause 11. Until title passes, the vehicle shall remain the property of the seller.
7. Buy it now

If a vehicle is marked “Buy it now” and you bid the “But it now” price shown within the timescales shown on the auction page for the vehicle on iBidder, then unless someone else has bid the “Buy it now” price before you, your bid will be the winning bid and clause 6 of these terms shall apply.If you purchase a vehicle by “Buy it now”, it may not be deemed to be a sale at auction. However, the rest of these terms shall apply, in particular that any contract for the sale of the vehicle shall be made between you and the seller, and that we shall not be a party to, or have any liability of whatever nature for such contract (even though we will have helped to facilitate the contract between you and the seller, and may assist with matters such as payment).

8. Timing of the auction and inspection
1. Unless it is stated otherwise in relation to the auction of a particular item, an auction will usually run from a Sunday to a Friday.
2. You can physically inspect a vehicle that is up for auction after contacting us to make an appointment. Such an inspection shall be limited in its scope and the parameters of the inspection shall be entirely at our discretion. Other than with our consent, such inspection may not take place within 48 hours of the time that an auction is to end.
9. Status of vehicle
1. Any reference to the age of a vehicle in the particulars relating to it is intended to be a reference to the year of first registration of the vehicle in the United Kingdom or, if the vehicle was registered in a jurisdiction outside the United Kingdom more than 5 years before it was first registered in the United Kingdom, to the date of its first registration outside the United Kingdom.
2. All vehicles are sold where it is and in its actual state and condition at the point that it is sold in accordance with these terms (being the point that a contract is entered into in accordance with clause 6.9) All vehicles are sold with all faults and imperfections and errors of description. Illustrations on our website and the iBidder website are for identification only. We do not guarantee that any photographs or illustrations of a vehicle are accurate. We do not guarantee that any illustrations of the vehicle on our website or the iBidder website will be of the entire vehicle. You should satisfy yourself prior to sale as to the condition of each vehicle and should exercise and rely on your own judgment as to whether the vehicle accords with its description. Neither we, nor the seller, or our or their servants or agents are responsible for errors of description or for the genuineness or authenticity of any vehicle; no warranty is given by us or our servants or agents or by any seller or their servants or agents to you in respect of any vehicle (including but not limited to its state and condition other than as set out above), and any express or implied conditions or warranties (whether statutory or otherwise) relating to the matters set out in this clause 9.2 are excluded.
3. If there are any issues which we are aware about in relation to a vehicle e.g. a mechanical fault, we may mention this next the listing of a vehicle for auction, but we do not guarantee that we will refer to all or any issues relating to a vehicle and give no warranty in relation to the accuracy of any comments made (and no reliance should be placed on them). We recommend that you inspect the vehicle yourself before making a bid.
4. We may indicate next to the listing of a vehicle for auction the mileage and/or operating hours in relation to that vehicle. However, we do not warrant the accuracy of any such information and we recommend that you inspect the vehicle yourself before making a bid.
5. We will indicate next to the listing of a vehicle for auction one of the following grades (please note that we accept no responsibility for the accuracy of any such descriptions in relation to a particular vehicle, and we recommend that you inspect the vehicle yourself before making a bid):
6. Grades.  On every lot there will be a grade rating ie ( Grade 1, Grade 2, Grade 3, ) these are  H&F Internationals limited assessment of a vehicle to make bidding / Buy it now easier for the bidder / purchaser to take into account any mechanical faults or faults known or suspected by H&F International. 
7. Grade 1: Vehicle has been assessed to have no dashboard warning lights illuminated, or any known faults from conducting a test drive on our main facility’s service road up to but not exceeding 15mph, there are no leaks coming from the engine bay or under carriage, vehicle has no dashboard service lights illuminated. Vehicles gearbox selects all gears. Clutch is functioning, vehicle runs and drives. This Grade will also state on lot description vehicle status: Runner .
8. Grade 2: Vehicle has been assessed to have dashboard warning lights illuminated / missing dashboard warning lights. vehicle test drive has been conducted on our main facility’s service road  up to but not exceeding 15 mph. minor / major faults have been assessed from the engine bay, Gearbox, clutch, And to have minor / major Oil leaks, coolant Leakes, electronical faults or component faults mechanised or other .Vehicle runs and drives. This grade will also state on lot description vehicle status: Runner 
9. Grade 3: Vehicle has been assessed as having major mechanical issues from the engine bay, clutch, gearbox, all components that makes the vehicle run and drive.Under this grade the bidder / purchaser will be advised to transport the vehicle away either by trailer or recovery company. This grade will also state on description vehicle status: Non-Runner if the vehicle starts and runs with the fault present we will put the vehicle status as Runner.
10. Auctioneer Notes: Auctioneer notes can be located at the bottom of every item description. These notes are from the auctioneer addressing any major or minor facts about a lot / vehicle that he / she thinks the bidder’s should know about before placing a bid or choosing to select the buy it now option. 

10. Payment and fees
1. If you have been successful in purchasing a vehicle in an auction, we will provide you with an invoice for the vehicle by email within 24 hours of the end of the auction (or of you being successful in bidding a “Buy it now” price). 
2. Unless otherwise stated, all invoices must be paid in full in cleared funds within 48 hours  of the invoice being emailed to you, or before you collect the vehicle/arrange for delivery, whichever is the earlier.
3. Invoices referred to in clause 10.1 are to be paid by BACS (no other form of payment will be accepted) to the account detailed below:

Name of account holder: ( H&F International Limited )

Name of bank:( HSBC )

Account number: 61873024 

Sort code: 40-16-10

IBAN: GB92HBUK40161061873024

Swift code: HBUKGB4124D

4. We will charge a commission equal to 20% of the purchase price, and this will be set out in the invoice referred to in clause 10.1.
5. VAT will be charged on the purchase price for vehicles / lots that state ( Vat Status + VAT @ 20% ) and this will be set out in the invoice referred to in clause 10.1. Also + Vat lots will also carry a 4% internet surcharge 
6. None Vat  lots will carry a 26% commission charge along with a 4% Internet surcharge ( Plus Vat )
7. To view these charges on the bidding platform ( I-Bidder / Bid spotter ) please view the additional charges tab.
8. If your bid is successful and you subsequently wish to cancel the contract, then subject to our written agreement and written agreement from the seller, cancellation can take place. However, even if a contract is cancelled, we shall be entitled to charge our commission in accordance with clause 10.4 of these terms. In addition, we shall be entitled to charge a fee of £[95] plus VAT in order to allow the seller to re-auction the vehicle at no cost to the seller
9. If your bid is successful and you fail to collect the vehicle or arrange for delivery in accordance with clause 11.1 of these terms,  we will charge you a storage fee of [£20+ Vat] per day And a one off administration fee of £150 + Vat We will invoice you for storage fees. Payment is to be made in accordance with clauses 10.2 and 10.3 of these terms.
10. If you fail to make a payment due to us in accordance with these terms, by the due date, then, you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at the rates set out in and in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended). Percentage set at ( 0.2% per day not exceeding 8% a year ) please also note that there will be a £150 + Vat one off Administration charge at the beginning of late payment fees.

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11. Collection and delivery
1. You shall, at your own expense take away the vehicle purchased (either personally or via a delivery company) not later than 7 working days (a working day being a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business) after the end of the auction but not before payment to us in full of the purchase price and any other monies owed to us in relation to these terms in relation to the vehicle (including but not limited to our commission as referred to in clause 10.4). You shall be responsible for any removal, storage and insurance charges on any vehicle not taken away within the time limits specified in this clause 11.1. Time for collection is of the essence.
2. You will be responsible for loss or damage (i.e. risk) to the vehicle purchased from the time that the auction ends (or when a bid for a “Buy it now” price has been accepted), and neither we nor our servants or agents shall afterwards be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any vehicle is in our custody or under our control. Accordingly, we recommend that you arrange for appropriate insurance for the vehicle.
3. [We can arrange for any vehicle purchased to be delivered to you. Please contact us directly to arrange delivery. We will charge you for delivery (and invoice you in accordance with clause 10 of these terms), such charge to be agreed when you contact us to arrange delivery (the charge will vary depending on how far the delivery address is from where the vehicle is situated] OR [If you would like any vehicle to be delivered to you, please contact us and we can put you in touch with a delivery company. Any contract for the delivery of the vehicle will be between you and the delivery company, neither we nor the seller will be a party to it nor have any liability of any nature in relation to it. Further, neither we, nor the seller, nor our or their servants or agents will be responsible for any damage caused to the vehicle either directly or indirectly by the delivery company or its servants or agents at any time.
4. You shall be responsible for complying with all legal requirements as to the construction and use of any vehicle purchased and for obtaining all certificates, permits or other authorisations necessary before that vehicle can be used on any road.
5. You can only collect your vehicle after having made an appointment with us. You will need to bring a proof of payment with you, and also be wearing a high-vis jacket.  While one site, you agree to comply with any relevant health and safety procedures and any reasonable directions given by us or our agents or servants.
6. You agree that if a vehicle is unroadworthy or does not have proper documentation to legally allow it to be driven, you will not take it away from the collection point until these matters have been properly dealt with by you.
7. If any vehicle is not paid for in full and taken away in accordance with these terms, or if there is any other breach of these terms (in relation to payment of an outstanding sum or otherwise), we, as the agents of the seller (or on our own behalf, as applicable)  shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights or remedies, that is to say:

(i) to proceed against you for damages for breach of contract, which may include commencing legal proceedings against you for the recovery of monies owed (you may also be liable for our legal fees for pursuing the monies);

(ii)   to proceed against you for the debt due under the contract, which may include commencing legal proceedings against you for the recovery of monies owed (you may also be liable for our legal fees for pursuing the monies);

(iii) to rescind the sale of that or any other vehicle sold to you at the same or any other auction;

(iv) to resell the vehicle or cause it to be resold by public auction or private sale. You shall then pay us any resulting deficiency in the purchase price at the first auction (together with our commission (as set out in clause 10.4) and any other sums due under these terms) after deduction of any part payment and addition of resale costs. Any surplus shall belong to the seller, unless title to the vehicle has passed to you in accordance with clause 6.15 of these terms, in which case the surplus shall belong to and shall be paid to you;

(v) to remove, store (either at our premises or elsewhere) and insure the vehicle at your expense;

(vi) to charge interest in accordance with clause 10.8;

(vii) to retain that or any other vehicle sold to you at the same or any other auction and release it only after payment of the purchase price and our commission (as set out in clause 10.4) and any other sums due to us under these terms;

(viii) to proceed against you for damages for breach of these terms or to proceed against you for a debt due under these terms (to include but not limited to proceeding against you for non-payment of our commission as referred to in clause 10.4) which may include commencing legal proceedings against you for the recovery of monies owed (you may also be liable for our legal fees for pursuing the monies.

(ix) to reject or ignore any bids made by you at any future auction; or

(x) to apply any proceeds of sale then due or at any time afterwards becoming due to you towards settlement of the purchase price (and our commission (as set out in clause 10.4) and any other sums due to us under these terms) and to exercise a lien on any of your property which is in our possession for any purpose.

12. Personal registration plates

Some vehicles for auction will have a personal registration plate. If the personal registration plate is not to be included in the sale, this will be made clear on the auction page of the vehicle and we will also include on the auction page for the vehicle any extra charge to be incurred by us for removing the personal number plate

13. Contacting us

You can contact us at the following:

Postal address / Collection Address (this is where any vehicles will be unless stated otherwise): 67 Station Road Fordham CB7 5LW 

Email address: Auctioninfo@hfinternationalltd.com

Telephone number: 01638 453300

14. Privacy policy

We take privacy issues seriously. Our current privacy policy covers our use of any information you provide. In using our services you acknowledge and agree to be bound by the terms of our privacy policy which can be found here:

15. Termination

We, in our sole discretion, reserve the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use our services if you:

1. act inconsistently and in breach of these terms;
2. at any time violate or attempt to violate any rights of any other user of our services or third party;
3. are engaged in any fraudulent activity; or
4. fail to make any payments due to us in accordance with these terms.
1. Compliance with laws

You agree to comply with all applicable laws, statutes and regulations concerning your use of our services.

17. Indemnity

You shall indemnify us against all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of or in connection with any act, omissions or breaches by you of these terms.

18. General exclusions
1. From time to time our site may contain technical inaccuracies or typographical errors. We expressly exclude all liability howsoever arising for any such inaccuracies or errors.
2. We cannot confirm whether the vehicle complies with any applicable health and safety legislation.
19. Applicable law

These terms (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.

20. Events beyond our control

We will not be in breach of these terms or otherwise liable for any delay in performance to the extent that any delay or failure is due to circumstances beyond our reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

21. Invalidity

If any part of these terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms will not be affected.

22. Limitation of liability
1. References to liability in this clause 22 include every kind of liability arising under or in connection with these terms including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
2. Nothing in these terms is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for fraud or for any death or personal injury resulting from our negligence.
3. Nothing in this clause 22 shall limit your payment obligations under these terms. 
4. The terms and the conditions implied by sections 13 to 15 of the Sale of Goods Act 1979 (as amended) and sections 3 to 5 of the Supply of Goods and Services Act 1982 (as amended) are, to the fullest extent permitted by law, excluded from these terms
5. Subject to clause 22.2, our total liability to you shall not exceed the purchase price of the vehicle in relation to which you have suffered a loss.
6. Subject to clause 22.2, this clause 22.6 identifies sets out losses the types of losses which we specifically exclude in relation to you:
1. Loss of profits.
2. Loss of sales or business.
3. Loss of agreements or contracts.
4. Loss of anticipated savings.
5. Loss of use or corruption of software, data or information.
6. Loss of or damage to goodwill.
7. Indirect or consequential loss.

23. Waiver

No failure or delay by a party to exercise any right or remedy provided under these terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

24. Third parties

These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 (as amended) to enforce any term of these terms.

25. Notices

If we need to notify you of anything in accordance with these terms, we will do so by communicating with you at the email address you provide us with when you register (as updated by you from time to time), and such email shall deemed to have been received at the time of transmission.

26. Interpretation
1. Clause headings shall not affect the interpretation of these terms.
2. References to clauses are to the clauses of these terms,
3. Unless the context otherwise requires, words in the singular shall include the plural and the plural shall include the singular.
4. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
5. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
6. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
7. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
8. Words in the singular include the plural and in the plural include the singular.
9. A reference to a statute or statutory provision is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
27. Assignment

You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of your rights and obligations under these terms.

28. Entire agreement

These terms, together with any document expressly referred to within its provisions, contains the entire agreement between (i) us and you, and (ii) you and the seller, relating to the subject matter covered and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Nothing in this clause shall limit or exclude any liability for fraud.