DUNN BROS SW AUCTIONS
TERM AND CONDITIONS OF THE CONTRACT TO AUCTION
Terms & Conditions of Selling with Dunn Bros SW Ltd
Introduction The contractual relationship between Dunn Bros SW Ltd registered in England & Wales under company number 13885838 and the Vendor is governed by:
1.1 The information as detailed on the Consignment Form
1.2 The Terms & Conditions detailed herein
1.3 Any additional notices and terms as amended by and Saleroom Notice or Auctioneers Announcement
1.4 In this Agreement, unless the contrary intention appears, words importing the masculine gender shall be inclusive of all genders and words in the singular shall include the plural and vice versa.
Definitions “Additional Items” means any Items delivered to site with the intention of being offered to Auction which have not been explicitly entered via the consignment form or any other written communications
“Aftersale” means the sale of a Vendors Items/ Lots that did not sell at Auction Level
“Agreement” means this Agreement which details herein the Terms and Conditions of Selling at Auction or an agreed Aftersale
“Auction” means an Auction conducted by Dunn Bros SW Ltd. This includes but is not limited to, Timed Auctions, Live Auctions, Hybrid Auctions
“Auction Site” means the premises from which an Auction is conducted
“Auctioneer” means Dunn Bros SW Ltd, its staff, representatives, and persons for the time being authorised by the Auctioneer to have conduct of the Auction
“Commission” means a percentage of the Hammer Price achieved (subject to a minimum payment) due to the Auctioneer upon the sale of any Lots as detailed on your Pre-Sale Advice or at Clause XX within this agreement.
“Consignment” means any equipment delivered to the Auction Site for the purpose of being sold at Auction
“Entry Deadline” is the date specified on our Online Consignment Form as applicable to Rolling & Stationary Stock. Items accepted after the Entry Deadline may be subject to an increased Commission Rate, at the Auctioneers discretion. As a matter of policy, the Auctioneer may not accept any Lots for sale after this date, subject to Clauses XX & XX
“Exclusivity Period” is a term not longer than 14 days post Auction where the Auctioneer is authorised to perform any Aftersales on the Lots unsold at Auction
“Hammer Price” means the Highest bid for any Lot accepted by the Auctioneer at an Auction
“Listing Fee” is an amount not more than £5.00+vat applied to each Lot per Auction payable to the Auctioneer on the completion, irrespective of whether the Lot sold or not.
“Lot” means an individual single part of a Consignment put to Auction by the Auctioneer
“Provisional Bids” means the highest bid made by a Potential Buyer which has not met the Reserve Price stipulated by the Vendor and provisionally accepted by the Auctioneer pending confirmation from the Vendor
“Purchaser” means the Highest Bidder of any Lot or agreed Aftersale
“Reserve Price” means the minimum Hammer Price agreed between Dunn Bros SW Ltd and the Vendor at which a Lot may be sold
“Rolling Stock” means any Lots that are driven by their own power (e.g. excavators, tractors, forklift, trucks etc.)
“Stationary Stock” means any Lot not capable of being driven by their own power (incl. but not limited to generators, compressors, wacker plates, hammers, buckets, pumps, washers, mixers, trailers, garage equipment etc.)
“Safety Defect” refers to any fault on the item which would render the item unfit or unsafe to use according to the requirements of the applicable European Directives. Examples of Safety Defects: Missing ROPS, Damaged Safety Rails, Missing Seatbelt etc.
“Unsold Lot” means any individual part of a Consignment not sold at the Auction or as an After-Sale
“Unreserved Lot” means a lot sold without an agreed minimum price as specified by the Vendor
“Vendor” means any person offering a Lot for sale at Auction; including a Company and its agents or executors
Terms and Conditions
The Vendor hereby instructs the Auctioneer to sell the Consignments through Auction as agent for the Vendor.
The Auctioneer will sell, without prejudice, any Lot where the Hammer Price has achieved the Vendor's Reserve Price, in accordance with Clause 27.
The Auctioneer can at its sole discretion sell any Lot where the Highest Bid achieved is within 10% of the Vendor's Reserve Price.
In conjunction with Clause 27, the Auctioneer has the right to sell unreserved any Lot on the third time of presenting it at Auction if it remains unsold. Additionally, the Auctioneer has the right to remove the reserve in its entirety if it is deemed to be set higher than market value.
The Vendor at his own cost shall deliver all Stationary and Rolling stock to the Auction Site in good running order and free of any hazardous materials on or before the Entry Deadline.
Reserved Auction
27.7 Reserve prices can be removed at the Auctioneers' absolute discretion where a Lot has been entered into three Auctions and remains unsold. The Auctioneer also reserves the right to remove the reserve in its entirety if it is deemed to be set higher than market value. This provision shall be exercised where the reserve price given by the Vendor is deemed to be considerably higher than Auction Market Value in conjunction with Auction Trends.
Marketing Consent Clause
By participating in our auction, you acknowledge and agree that the auctioneer reserves the right to add bidders, vendors, and buyers to our marketing database. This database may be used to send marketing communications, including but not limited to, email and SMS messages.
You retain the right to opt out of receiving such communications at any time. Instructions for opting out will be provided in every marketing message or can be requested directly from the auctioneer.