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GDPR and Robson Kay Newsletters

We send out a newsletter approximately once per week with information about forthcoming auctions, assets for sale outside auction and businesses for sale

In signing up to bid in one of our sales, your email address will automatically be added to our ‘newsletter database’ unless you email enquiries@robsonkay.co.uk with the request Please don’t add me to your newsletter database

The only information we keep in our ‘newsletter database’ is your email address – we do not record against your email address your full name, bidding history, contact information or indeed any other information whatsoever

We do keep a record of bidders in relation to their historic auction purchases, however this is on a completely separate and unconnected system

If you click unsubscribe to any of our newsletters, you will automatically be removed from the database and your email address will NOT be added back to the database even if you sign up to and/or bid in future sales, unless you specifically request to be added back in

PLEASE NOTE that because no items are sold in any of our sales with a warranty that they are in anyway fit for purpose, as is explained in greater detail in several sections of our terms and conditions, our sales are only considered suitable for trade buyers.  In the act of registering and/or bidding for lots, it will be assumed that you are a trade buyer and if not, that you fully accept you are only bidding on the basis that you understand no comebacks and/or refunds are offered under any circumstances, no matter what the reason.

All of our auctions have an open viewing day and bidders are strongly encouraged not to bid unless they have viewed in person prior, because in the act of bidding, you will be assumed to have viewed and inspected to your satisfaction.

Please note that these terms apply to all online sales and should be read in conjunction with the “Important Information” that has information specific to each sale, such as collection deadlines, locations and suchlike.

BUYER'S PREMIUM  A Buyer's Premium of 16% is added to the hammer price on all lots unless specifically stated otherwise

VALUE ADDED TAX Most lots in most auctions are subject to VAT however the individual lot descriptions will refer to the VAT rate that applies. Buyer’s Premium is always subject to VAT.

Should you intend exporting the goods and believe you may be eligible for the lot price to be zero-rated for VAT purposes, it is crucial that you 
• Understand VAT on the Buyer’s Premium can never be zero-rated
• Pay an amount equivalent to the VAT (to be held on your behalf) at the time you make payment for the goods, to be returned pending provision of suitable paperwork
• Inform us at the time of payment that you intend claiming back the VAT, in order that we know to hold same on your behalf
• Provide suitable documentation, including proof of export and your own limited company name, VAT number, etc. within a maximum of 12 weeks of the sale date.
• Please note that in accordance with HMRC’s rules on “indirect exports” which any goods purchased in a Robson Kay auction would be classified under in the instance of export, we cannot zero-rate or refund VAT for UK based and/or registered purchasers. For the avoidance of doubt, if your registration address is within the UK, we cannot refund or zero-rate the VAT under any circumstances.
• Acknowledge our £50 administrative fee for dealing with same

REGISTRATION Along with many other auctioneers, we use ATG’s www.bidspotter.co.uk platform to host our online auctions. If you have never signed up to a BidSpotter-hosted auction, you will need to first register an account with BidSpotter online.
When you set up your account, you enter in your email address, contact details and a password. Please ensure you never give your password to anybody who is not authorised to bid on your account as you will be held liable for all bidding activity on your account if it is accessed by someone else.

Once you have set up your BidSpotter account, which is activated immediately, you can then add the details of one or more credit or debit card (not AMEX) which can then be used in a variety of different ways however, whilst we as auctioneers can see the address you attach to each card, we cannot see the full card details.

Each time you wish to bid in a specific auction, you will need to “sign-up” to that sale. Each auctioneer will use a slightly different system for approving bidders and indeed may vary the rules from auction to auction. In the instance of Robson Kay auctions hosted on BidSpotter, you are required to select a card which is then checked with the card provider electronically to ensure the address matches up for identification purposes.

We manually approve bidders who pass the security check which means outside office hours it can be several hours after signing up before you are approved – it is our strong recommendation that you sign up to auctions well in advance, as if you leave it till the last day of bidding and you experience difficulties, there may well be insufficient time to approve you.

If we are in any doubt as to the identity of a bidder, or if there is a history of non-payment with BidSpotter auctions, and in particular if you have been blocked by any other auctioneers, we will normally decline a registration. We will also sometimes send through a Payment Request (which requires a credit or debit card to be used online) for a refundable deposit before we approve bidders, particularly those based outside the UK.

Please ensure that you read all the rules before signing up to any particular auction and in particular that you are able to pay by one of the approved methods and collect on time.

Please remember to ensure on a regular basis that your registration details on BidSpotter are accurate and up to date. We will not change the details on your invoice under any circumstances e.g. if you register as an individual and ask for the invoice to be produced in your business name or vice versa. Please also remember that if you have the incorrect phone number and/or email address on your BidSpotter registration details, that is not a valid excuse for non-payment within the designated timescale – it is a bidder’s responsibility to ensure they pay for goods after the sale regardless of whether they receive contact from the auctioneer or not.

PAYMENT Once the last lot closes, we send out a “Winning Bidder Notification” via the BidSpotter platform, with details of all the lots you have successfully bid upon, together with VAT where applicable, Buyer’s Premium, etc. This is replaced by way of a VAT-receipted invoice once we are in receipt of cleared funds in the full amount.
Balances must be paid in full by the date that appears in the Important Information section, typically just two or three working days after the sale closes.

You can pay by any of the following methods, however please remember that we do not accept cheques or banker’s drafts under any circumstances.

• Cash. You may pay by cash either in person at our offices, or alternatively, by paying cash directly into our client account at any Barclays branch (see full client account details in the bank transfer section below). Please remember you must not pay a cheque into our client account under any circumstances, as it will not clear in time. Please Note that to satisfy money laundering regulations, we cannot take cash payments that exceed £9,000

• Bank Transfer. We are happy to take payments by bank transfer and in particular Faster Payment. Please remember to ensure that if paying by bank transfer, you use a method which will reach our client account in time. Please quote your paddle number when paying by this method.

In particular, BACS payments tend to take too long and if paying from an overseas bank account, you will need to instruct the sending bank as a matter of priority to ensure the funds are received in time. Those transferring money from overseas accounts, should ensure that sufficient is sent to cover all charges by both the sending and receiving bank.

Bank transfers must be cleared in our account prior to collection. Please quote your bidder number to assist us.

Account Name: ‘Robson Kay Associates Ltd Client Account’
Account Number: 03034550
Sort Code: 20-01-96
Bank: Barclays Bank plc
Branch: Altrincham Branch

Cheques, bank drafts and AMEX are not acceptable under any circumstances.

• Credit/Debit Card. We have now simplified the system for taking credit and debit cards. Most Visa and MasterCard products are acceptable.

You can pay in person at our premises providing the cardholder is present with their card i.e. you cannot send in a member of family/staff with your card.

Alternatively, you can pay online using the “Payment Request” that will be sent out by email via BidSpotter shortly after you receive your “Winning Bidder Notification”.

We do not take card payments of any amount over the phone, however, by definition, if you are able to bid online, you will also be in a position to pay online.

COLLECTION Collections can only be made after all lots purchased have been paid for in full.

Collections typically have to be made within two or three working days of the sale closing. It is crucial that goods are collected within the timescale, particularly when they are located away from site.

Lots not paid for and collected by the deadline applicable to the specific sale in question will be subject to a storage charge of either £5 per lot per day or 5% of the hammer price per lot per day – whichever is the higher – NO EXCEPTIONS.

PLEASE NOTE the following rules regarding forklift trucks only apply to auctions taking place at our premises. If the assets in question are located away from site, it is unlikely that there will be any loading facilities at all.

"PURCHASERS BUY LOTS WHERE THEY LIE AND MUST BRING ANY NECESSARY LABOUR, LIFTING TACKLE AND EQUIPMENT TO MOVE THEIR LOTS. PORTERING STAFF ARE NOT AVAILABLE TO ASSIST ONLY TO SUPERVISE".

NOTWITHSTANDING THE ABOVE

Subject to availability we are prepared to assist collectors in the following ways:-

1) PALLETS - we will only allow collectors to remove our pallets if they bring with them a similar number of empty pallets in exchange, or purchase them at £3 plus V.A.T. each.

2) PALLET TRUCKS/TROLLEYS - subject to availability - we will allow collectors to use one of our hand operated pallet trucks or trolleys, providing they sign a "waiver" form, and deposit £100 cash (refundable). This deposit will be refunded when the pallet truck is returned in good order.

3) FORKLIFT TRUCKS - subject to availability - one of our staff will assist collectors by moving/loading goods with a forklift truck, providing the collector signs an appropriate "waiver" form.

We will decline to lift loads which are awkward, may leak, are unstable, or which (in our sole discretion) we deem it unsuitable for us to lift.

We charge £10 plus VAT per 15 minutes, with a minimum charge of £10 plus VAT

Our forklift truck can carry up to circa 2 ton.

NB As is made very clear, goods are sold where they lie. Allowing collectors to use a pallet truck, or providing a forklift truck and driver, are strictly subject to availability (both of equipment and our own labour), and we cannot guarantee such equipment and/or labour will be available

General Terms and Conditions of Sale
1. Agency
The Auctioneers act as agents only and they disclaim responsibility for default by either buyer or seller. The Auctioneers do not guarantee the title of any lot or lots sold by them, and will not be responsible for any defect in such title.

2. The Buyer
The highest bidder acknowledged as such by the Auctioneers will be the buyer. If any dispute arises, the Auctioneers shall have absolute discretion to settle the matter. The Auctioneers shall rule the bidding, and no bid shall be retracted. The Auctioneers reserve the right to refuse any bid. The Auctioneers reserve the right to bid on behalf of the vendor for any lot (either with a reserve or subject to the Auctioneers' discretion), and to withdraw, consolidate or divide any lot or lots.

3. Ownership of Purchases 
The ownership of the lot(s) purchased will not pass to the buyer until the buyer has paid the Auctioneers in full the total amount due, and the Auctioneers have applied such payment to the lot. No lots may be removed until the total account for all the lots purchased has been paid in full.

4. Transfer of Risk
Notwithstanding the fact that ownership does not pass until the lots are paid for, each lot shall be held uninsured at the purchaser's sole risk from the fall of the hammer, and shall be sold with all faults and imperfections, the Auctioneers not being responsible for the correct description, genuineness or authenticity of any lot, and making no warranty whatsoever. The purchaser is deemed to have inspected the lots and satisfied himself as to their condition. No responsibility is accepted for any loss of (or damage to) lots.
5. Collection
Collections (which can only be made after ALL the lots purchased have been paid for in full) can be made at the times stated in the auction catalogue only.

Purchasers buy lots where they lie and must bring any necessary labour, lifting tackle and equipment in order to remove their lot(s). Where lots are fixed or connected in any way, the purchaser must have the removal/disconnection carried out by suitably qualified/experienced personnel (with appropriate insurance cover). The purchaser is responsible for leaving the site safe and for any damage to the premises and/or other lot(s).

It is the responsibility of the buyer and/or their carrier/driver to ensure that their loads do not contravene road, traffic or any other regulations.

Lots not collected within the timescale stated in the catalogue will become subject to a storage charge of £5 per lot, per day (plus VAT), or 5% of the hammer price (whichever is the higher). Late collections can only take place STRICTLY BY APPOINTMENT (to fit in with our schedule), and such appointments may involve delays until we can accommodate said late collection, which will increase the storage charges due by late collectors pro rata.

If a purchaser fails to comply with any of these "General Terms and Conditions of Sale", and/or any special (or additional) Terms and Conditions relevant to the sale in question, and/or does not collect within the timescale stated in the catalogue, the Auctioneers reserve the right to resell any such lot(s) by public or private sale without reserve and without notice to the purchaser. If upon resale as foresaid a lower price is obtained for any lot than was obtained at the first sale, then any such shortfall will be a debt due from the purchaser in default in the first sale. Irrespective of the price the Auctioneers receive on resale, the buyer will be responsible for any and/all additional costs of the Auctioneers including storage at either £5.00 per lot per day, or 5% of the hammer price per lot per day (whichever is the higher), advertising, handling, selling costs, insurance etc. Furthermore, the Auctioneers reserve the ALTERNATIVE right to move lots outside the premises (at the buyer’s risk), if said lot/s are (in the Auctioneers’ opinion) restricting the use of the auction room.

6. Movement of Lots
The Auctioneers reserve the absolute right to move any lots which (in their sole opinion) are restricting the use of the auction premises and/or inhibiting collectors and/or need to be moved to assist in other activities taking place on the premises. Movement of assets in such circumstances is entirely at the purchaser’s risk, and the Auctioneers accept no responsibility or liability for any loss or damage such as may be incurred during any such movement.

7. Whether acting as agent on behalf of a named principal or acting as principal themselves, all bidders will be deemed to have the authority for each bid made and will be held equally liable with their principal (where relevant) for all obligations and liabilities in relation to the sale.

Users of the online bidding facility should ensure prior to registering that they have the authority to bind whatever entity they register as, to the conditions of sale, that they are 18 years or over and that they keep their user ID and password safe and private from any person other than those they are happy have equal authority to bid.

8. Damage
If any damage is done to any lot or to the premises at the viewing or before, during or after a sale, such damage shall be made good by the person committing such damage, principals being responsible for the actions of their servants, subcontractors and/or any other persons in the premises on their behalf, such damage to be assessed by the Auctioneers. No cutting or welding equipment may be used without the Auctioneers' express permission, in writing. No explosives may be used without the Auctioneers' express permission in writing.

9. Descriptions
The lots are sold as they lie with all faults and errors of description or quantity or measurement (if any). The purchaser is deemed to have inspected and approved the lots he buys, and if he buys without proper previous inspection, he shall be deemed to have done so at his own risk. No guarantee is expressed or implied either by the vendor or the Auctioneers in the lots as to performance, output, reliability, service, suitability for purpose, quantity, size or any other matter. No person within the Auctioneers' employment has any authority to make or imply any representations, warranties or guarantees.

It is believed that the quantities, descriptions and measurements stated in the catalogue are correct, but the Auctioneers will not be responsible for any error or mistake therein, and no purchaser shall make any objection thereto, or be entitled to any compensation by reason of such error or mistake. Many of the goods catalogued are described by make, type, size, output, etc. It should not however, be taken for granted that they are in their original manufactured condition, complete with all component parts, and in working order, nor should it be taken for granted that vehicles, trailers and mechanical equipment can be put into working order, or that vehicles and trailers are, or can be roadworthy. Goods which appear to be in their original wrapping and unused may have incurred many years of shelf life. Lots may be new, used, soiled, damaged, broken or incomplete. In view of their age or condition some goods may not comply with current safety legislation. Prospective purchasers are reminded that it would be an offence under the Consumer Protection Act 1961 and the Consumer Safety Act 1978 for them to sell or supply goods which do not comply with the current regulations made under either of those Acts. Prospective purchasers are also reminded that sales by auction are not consumer sales for the purpose of the Unfair Contract Terms Acts, 1977.

WE RECOMMEND THAT PROSPECTIVE PURCHASERS SHOULD THEREFORE THOROUGHLY INSPECT THE GOODS IN WHICH THEY ARE INTERESTED BEFORE BIDDING.

The lots are not sold by sample but if in any case a sample shall be displayed it shall be upon the understanding that this contract shall contain no implied condition or warranty as to the quality or otherwise or that the lots are free from any defect rendering them unmerchantable.

Mileages stated for vehicles are mileometer readings. The vendor does not necessarily know whether the mileometer reading is accurate and shows the correct reading of the mileage of the vehicle. The purchaser should therefore, treat the mileometer reading as meaningless. Year of manufacture. - a civilian vehicle registration does not necessarily indicate the date of manufacture of the vehicle, for example a government vehicle (if it is a government vehicle) may be operated over the earlier or any part of its working life under a service registration number.

10. Third Party Liability
Auction sites are potentially dangerous. Flammable, noxious, corrosive and pressurised substances are present, heavy equipment is being operated, forklift trucks are in use, and electrical circuits may be live. Every person on the Auctioneers' premises at any time should be deemed to be there at his own risk, and with Notice of the Condition of the premises and the method of arranging the lots, etc. He/she shall have no claim against the Auctioneers in respect of any injury he/she may sustain or any accident which may occur, prior to, during or after the sale, or at any other time on the Auctioneers' premises.

Visitors to the premises will indemnify the vendor and the Auctioneers against all suits, claims, demands and actions whatsoever which the vendor may suffer in connection with that item.

Neither the vendor nor the Auctioneers recommend any other organisation or represent the competence of any other organisation's representatives or advertising literature which is at or about the Auction Premises by reason of the fact that the vendor or Auctioneers have allowed such representation or literature to be available or distributed at the Auction Premises.

11. Additional Items
Anything which may be found in, under or near any lot which is not mentioned in the sale catalogue, the Auctioneers reserve for the vendors. Any pallets, trolleys, tables, racks or display units used to display lots are excluded from the sale and may not be removed from the premises.

12. Provisional Bids / Reserves
Where the vendor has placed a reserve price upon a lot which is not reached when the lot is offered, then the Auctioneers will inform the vendor of the highest bid made, and in the event that the highest bid or a later bid is acceptable by the vendor, then the highest bidder will become the buyer of the lot, and be bound by the Conditions of Sale. The Auctioneers retain the right to place a reserve on any lot (on the vendor’s behalf) at any time up to the fall of the hammer.

In the instance of online auctions, where at the time of bidding there is an indication that the reserve has not been met, we reserve the right to drop the reserve to meet the price bid at any stage, including after bidding has closed, up to a maximum of 24 hours after the last lot in the relevant auction has closed. In that instance, the highest bidder will be deemed the buyer and bound by the conditions of sale.

13. After Sales
Lots sold after the sale will be subject to all Conditions of Sale, applicable if the lots had been sold during the auction.

14. Health and Safety Regulations
The Auctioneers and the vendor accept no responsibility whatsoever for any lot or lots sold which subsequently prove to contravene the Health and Safety Regulations in force at the time of the sale.

To comply with section 6 (8) of the Health and Safety at Work 1974, purchasers undertake to comply with the guarding requirements under regulation 15 - Sale or Hire of Machinery.

15. Time
In respect of any and all of our Terms and Conditions and notes, time is of the essence - no exceptions will be made.

16. Software
All systems or media items sold in the sale are sold without software of any kind unless such software is specifically nominated within the description of the system or media item.

The buyer shall remove immediately upon purchase of any hard disk or system containing a hard disk or any other media, all programs including any operating systems to which the purchase of the said hard disk system or other media does not convey to him/her licence to use such programs or operating systems.

17. Indemnity
The buyer shall indemnify the Auctioneers and the vendor in any actions resulting from the buyer's failure to observe Clause 18 above.

18. NO TRANSFER OF LOTS BY THE BUYER SHALL BE ALLOWED.

19. Important Notice
Prospective purchasers are advised to read thoroughly and ensure they understand these Terms and Conditions and any special/additional Terms in the catalogue. Bidders by the act of bidding, are accepting (and only doing so) upon our Terms and Conditions of trading - if in doubt - DO NOT BID.

20. Auctions / Tender / Private Treaty
The "Auctioneers" are Robson Kay Associates Ltd. These terms and conditions apply to any and all sales conducted by the Auctioneers, whether they be Auctions, Tenders (formal or informal), Private Treaty or any other method of sale. They will be supplemented by additional terms within the Auction/Tender catalogue. When selling by Tender or Private Treaty, the term “Auctioneer” shall mean “Agent”, and the term “Auction” shall mean “Sale”.

21. Random Searching of Vehicles
The Auctioneers shall have the right, if they so desire, without compensation to the purchaser, to search vehicles carrying Goods before such vehicles leave the Auctioneers' premises, in order to check that the goods being removed correspond to the Auctioneers' particulars. The right shall include the right to search the whole of the vehicle, and the right to require the vehicle to be unloaded if this is necessary for the check to be made. If the vehicle collecting goods is not owned or hired by the purchaser, the purchaser shall ensure the owner or hirer agrees to the exercise of this right by the Auctioneer. The Auctioneers’ "Premises" includes the total site.

22. Parking
Vehicles may be parked in the Auctioneers' car-park, but only at the owner's risk.

23. Road Traffic Act Requirements
Purchasers are reminded that any vehicle or trailer sold in any sale may not be roadworthy, or may be of such design as will not, without alteration, comply with the Acts and Regulations relating to its construction, equipment and use. It is generally an offence to use on a road a motor vehicle or trailer which does not comply with these Acts and Regulations, and accordingly it is a condition of the contract of sale that the purchaser shall in respect of each vehicle or trailer purchased by him undertake not to use it/them or cause or permit its/their use on any road in Great Britain to which the Road Traffic Acts apply until it/they complies/comply in every respect with the requirements of the Acts and Regulations relating to its/their construction, equipment and use, and accordingly to make such arrangements for its/their transportation from the Auctioneers' Premises as may be necessary having regard to its/their condition to ensure its/their lawful removal in accordance with my/our obligations under the Contract of Sale.

24. Export of Goods
The sale of goods described in the catalogue shall not imply that Department of Trade and Industry Licences for export of goods in their present or modified condition will be granted to the purchaser. The pursuit of any such licences is entirely a matter for the purchaser.

Any buyer wishing to export items bought at the auction must pay the VAT in the normal way and make his/her own arrangements with H. M. Customs and Excise in relation to any refund.

25. Lots
The Auctioneers shall be under no duty to either vendor or purchaser to make enquiries of any nature whatsoever as to the title of any lots, or to disclose to the vendor, purchaser or any other person whosoever the result of any enquiry, such enquiry being made entirely at the discretion of the Auctioneers.

Where any lot or lots sold are found to be subject to hire purchase or leasing agreement, the Auctioneers reserve the right to discharge the existing liability to the finance company concerned remitting the balance, if any, to the vendor on receipt of a clearance note from the finance company.

26. Rescission By Vendor
In the event of the vendor after the sale not being able to give a good and sufficient title to or delivery of any lot or part thereof before its removal, or if in the vendor's opinion the removal of any lot will endanger or permanently damage any building or other property, the vendor may by written notice to the purchaser of such lot, delivered to him or his agent or sent by post to his place of abode or business last known to the Auctioneers, rescind the sale of such lot and repay the purchaser any deposit or purchase money paid in respect thereof.

27. Variations
No member of staff is authorised to make any variations to these terms and conditions unless so authorised in writing by a Director. Should any of the above terms be deemed to be invalid this shall not affect validity of all the remaining Terms and Conditions.

SPECIAL NOTICE MISREPRESENTATION ACT 1967

This catalogue does not constitute any part of an offer or contract.

Prospective purchaser's attention is specifically drawn to the Terms and Conditions within the catalogue. We would point out that all statements contained in this catalogue as to the lots, are made without responsibility on the part of the Auctioneers or the vendor. Any prospective purchaser must confirm by inspection or otherwise the accuracy of any descriptions, quantities, etc., contained within this catalogue and no statements herein are to be relied upon as statements or representations of fact. Neither the vendors nor the Auctioneers, nor any person in the employ of either of them have any authority to make or give any representation or warranty.

A SALE BY AUCTION IS NOT A CONSUMER SALE.

SALE OF GOODS ACT 1893 - SECTION 55 (7)
AND
UNFAIR CONTRACT TERMS ACT 1977 - SECTION 12 (2)

No vehicle is warranted or held out to be roadworthy, and no lot is warranted or held out to be merchantable or safe for use or complying with statutory requirements for use, display or movement.

Neither the Auctioneers nor the vendors, nor their servants and agents have any authority to make any representations.

THE HEALTH AND SAFETY AT WORK ACT, 1974

The goods are not sold as articles for use at work, or at home, they are sold on the understanding that the vendor does not represent them as being in a condition which makes them suitable for use at work or home. Oil/gas fired, electrical appliances, machinery, plant or equipment are sold as scrap or for refurbishment only, and in their current condition are not necessarily compliant with the requirements of the Health and Safety at Work Act 1974 and the Consumer Protection Act 1987. All purchasers should understand that before using the items at work or selling them on to the consumer for use, they must undertake to refurbish the items and render them compliant with the aforementioned acts.

WE RECOMMEND THAT ALL LOTS ARE INSTALLED BY A SUITABLY QUALIFIED ENGINEER/ELECTRICIAN OR APPROPRIATE SPECIALIST INSTALLER