All machinery sold on the Ellis Machinery online auction platform at https://ellismachinery.co.uk/auctions is subject to these terms and conditions. Ellis Machinery is in no way responsible for any items sold via the auction by a third party and any communication regarding equipment or machinery sold should be made directly to the party selling the equipment or machinery. Although Ellis Machinery tries to ensure that all machinery listed on the auction site is genuine and as described, Ellis Machinery can be in no way held responsible for the information provided by third-party sellers.
“Bidder” means the person making a bid for a Lot.
“Bid” means the amount the Bidder will pay for a Lot
“Ellis Machinery” means Ellis Machinery of Gaydon Farm, Gaydon, Warwick, CV35 0EP
“Seller” means the person selling the auction item.
“Lot” means an individual item or group of items offered for sale as a single unit.
“Buyer” means the person who agrees to buy the auction item or, if applicable, that person’s representative.
“Auction” means the auction advertised as online or in the catalogue (as applicable)
“Reserve Price” means the minimum price at which the Seller will sell the Lot
“Website” means www.ellismachinery.co.uk
1.1 If a Bidder submits a Bid to purchase any Lot(s), they must complete the transaction with The Seller providing that:
1.1.1 their Bid has been accepted as the highest value Bid for the Lot by The Seller, once the Auction for that Lot has closed;
1.1.2 The Seller declares that Bidder to be the Buyer in accordance with clause 2.7 and
1.1.3 the value of their Bid is at least equal to or greater than any minimum reserve price for the Lot set by The Seller (if any).
1.2 Upon satisfaction of the conditions in clause 1.1 a Buyer can only terminate a contract to purchase the Lot if the Goods comprising the Lot do not materially comply with the information provided on the Auction website in relation to them and any such issue should be raised with The Seller at the earliest possible opportunity and in any case within 10 days of receipt of the goods.
1.3 Unless Ellis Machinery has previously acknowledged in writing that the Bidder bids as agent on behalf of a named principal, every Bidder shall be taken to bid on his own behalf as principal.
1.4 Placing a Bid entitles Ellis Machinery to rely on the Bid as a genuine offer to purchase the Goods contained in the Lot.
1.5 If Ellis Machinery has earlier acknowledged in writing that the Bidder bids as agent on behalf of a named principal, the Bidder warrants that he has the authority of his principal to make each Bid he makes.
1.6 The Bidder has the right to view all Lots. If the Bidder wishes to view a Lot, the Bidder must contact The Seller to arrange this. The Bidder must give The Seller a minimum of 24 hours’ notice to arrange a viewing of a Lot. Ellis Machinery is not responsible for organising any viewing with the Seller.
1.7 Potential bidders must register for an Auction to receive information about a Lot.
1.8 Ellis Machinery reserves the right to delete or close any account created by The Seller or the Buyer on the online auction platform and to terminate any credit arrangements or payment terms and/or to otherwise deny access to any Auction and/or remove any listing or bid placed in the event that the Seller or the Buyer fails to comply with any of these Auction Terms and Conditions.
2.1 Any Lot may be subject to a minimum Reserve Price set by The Seller unless otherwise indicated.
2.2 Ellis Machinery may Bid for any Lot unless otherwise indicated.
2.3 Ellis Machinery may at any time before the close of the auction withdraw or divide any Lot or combine any Lots.
2.4 The Seller may sell any Lot by private sale before or after the Auction.
2.5 A Bidder who submits the highest value Bid for any Lot before an Auction is closed may be declared as the Buyer by Ellis Machinery.
2.6 If a Bidder submits a Bid within 10 minutes or less of the closure of any Auction, Ellis Machinery reserves the right to automatically extend the time during which Bids can be submitted for a Lot by ten (10) minutes.
2.7 Ellis Machinery may in its absolute discretion, decide whether there is a dispute between Bidders, summarily determine the dispute or immediately re-issue the Lot for sale.
2.8 Ellis Machinery shall in every other respect in its absolute discretion, decide how the Auction is to be conducted.
2.9 Ellis Machinery reserves the right to reject any bids which Ellis Machinery feels in its absolute discretion. do not reflect reasonable value.
2.10 Ellis Machinery has a right to report suspicious activities to the relevant authorities, at any time.
2.11 Ellis Machinery shall notify all successful Buyers via email by way of invoice or payment request. Buyers can also confirm which lots they have won within their account on the Website
2.12 Ellis Machinery cannot be held liable for any errors on the Website, problems with registration / accepting bids.
2.13 The description of the item should hold precedence over the photographs. Ellis Machinery reserves the right to use stock/catalogue images if original photographs cannot be used. Caution should be used when bidding on an item with only a stock image, as the colours and sizes of an item can vary from the sale item. Ellis Machinery gives no warranties regarding items described on the Website.
3.1 Upon Ellis Machinery declaring the Auction for any Lot to be closed and the Lot to be sold, the Buyer shall immediately arrange to pay the sum detailed in clause 3.5 to The Seller by way of direct payment into the nominated bank account of The Seller (details of which shall be provided to the Buyer by The Seller).
3.2 Payments shall be in pounds sterling (£) (unless otherwise indicated).
3.3 All prices are exclusive of VAT or other applicable taxes, delivery charges and insurance unless otherwise indicated by Ellis Machinery (whether in the catalogue or otherwise).
3.4 Within 1 business day of the closure of the Auction in relation to any Lot the Buyer shall confirm the identity of any person on whose behalf he has purchased the Lot.
3.5 The Buyer shall pay the following sums to Ellis Machinery in full within 2 days of the Auction:
(a) the balance of the price due for the Lot together with any VAT due; or
(b) where the final price for the Lot was not immediately determined upon the closure of the Auction for the Lot, the value as summarily determined by Ellis Machinery, whose determination shall be final and binding, of all or part of any Lots.
(c) where the total amount payable is equal to or in excess of £1000 then payment by card will not be facilitated and a bank transfer will be required. A bank transfer can still be made for payments under £1000 and for payments of this amount the buyer may select their preferred method of payment. No other payment methods are accepted.
In every case, time for payment shall be of the essence. The final deadline for payment for a successful Lot shall be 16:00hrs on the second day after the Auction.
3.6 The Seller may at any time in his sole discretion grant the Buyer an extension of time, in which case the Buyer shall pay The Seller in full in accordance with such extension before moving or removing the Lot.
3.7 If the Buyer fails to make any payment due to The Seller under these Conditions by the due date for payment, then, without limiting The Seller remedies under these Conditions, the Buyer shall:
3.7.1 be contacted by The Seller by email and telephone.
3.7.2 be responsible for paying any transportation costs of the Lot, this includes any charges connected with returning the item back to The Seller.
3.7.3 pay interest on the overdue amount at the rate of 8% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Buyer shall pay the interest together with the overdue amount.
3.8 Until the Buyer has complied with clause 3.7 above: -
3.8.1 title to any Lot shall not pass to the Buyer.
3.8.2 the Lot shall be at the Buyer’s risk.
3.8.3 Ellis Machinery shall have a lien over any Lot purchased by the Buyer at the Auction; and
3.8.4 if the Buyer effects or purports to effect a resale or any other disposition of all or part of the Lot, the Buyer shall hold the proceeds of resale or other disposition on trust for Ellis Machinery.
3.9 On written request by the Highest Bidder, The Seller shall provide a VAT invoice if appropriate.
4.1 Goods sold in any Lot are sold as seen, with all faults and imperfections and Ellis Machinery is not responsible for any defects whatsoever (whether latent or not).
4.2 No warranty or representation of any kind is given or authorised to be given by Ellis Machinery with regards to any Lot.
4.3 Delivery information is listed on each lot, this is an additional charge to the highest bid. Ellis Machinery will arrange delivery through third-party hauliers. All delivery charges are excluding VAT.
5.1 If a Buyer is exporting the goods, the Buyer shall provide all relevant information in order to ensure the correct taxes are applied. Where satisfactory evidence is not provided, goods will be subject to UK VAT at the standard rate of export.
5.2 Ellis Machinery is unable to refund the VAT in any circumstances.
5.3 Export Buyers will be required to arrange their own transport. VAT will be levied and refunded upon satisfactory documentation supporting the removal of the Goods purchased assuming the terms of clause 5.1 are satisfied.
5.4 Notwithstanding any other clause in these Conditions Ellis Machinery reserves the right to refuse:
(a) to accept any Bid from a Bidder; or
(b) to sell any Lot (in whole or in part) to a Buyer.
6.1 If at any time the Buyer fails to pay any of the sums under these Conditions when they fall due or to remove any Lot by the time specified in clause 3 above (or any extension granted under clause 3 above) Ellis Machinery may rescind the sale of that Lot, in which case any deposit shall be forfeited, and that Lot may be resold by Auction or privately by Ellis Machinery.
6.2 If Ellis Machinery has rescinded the sale but the Buyer has removed the Lot bought, Ellis Machinery shall be entitled upon serving reasonable advanced written notice on the Buyer, to enter upon any premises where he believes the Lot to be and safely remove it.
6.3 If Ellis Machinery has rescinded the sale and the Lot has been resold, the Buyer shall make good any deficiency, namely: -
(a) the sale price less the resale price; and/or
(b) the costs of and costs incidental to the resale of the Lot.
6.4 If the Buyer has failed to remove any Lot by the time specified in clause 3 above (or any extension granted under clause 3 above) and as a result, the Ellis Machinery is unable to give vacant possession on disposing of or relinquishing any interest in the premises from which the Lot should have been removed, the Buyer shall compensate Ellis Machinery for any loss arising from their failure to give vacant possession.
6.5 If at any time the Buyer in any way breaches or defaults under any of these Conditions, Ellis Machinery reserves the right (without prejudice to any other rights) to issue proceedings 28 days after the Buyer’s initial default or breach of these terms. Ellis Machinery claim shall include, but not limited to, any loss of earnings (buyers commission), any administration charges, any storage charges and any legal fees associated with the Buyer’s breach or default (all amounts will exclude VAT).
6.6 The security and integrity of the bidder's account is their responsibility. Bidders are expected to take reasonable actions to preserve the integrity of their account and this is assisted by the requirement of passwords etc to log in. Appropriate care should be taken to ensure other members of the household or those with access to shared computers cannot gain access to bidding accounts without permission from the account holder and where this has not been done the bidder shall be liable for any bids placed on their account by persons without prior consent to do so.
8.1 Ellis Machinery reserves the right to decline a bidder’s registration to bid without notice or recourse.
8.2 Ellis Machinery reserves the right to request a deposit from all or any bidders at any time.
8.3 Unless an Invoice is amended within 1 business day as per point 3.4, to state that the name should be changed to a Company. Then the registered bidder is always liable for any outstanding invoice.
8.4 If the invoice is changed to a company as per point 3.4 and the company goes into liquidation or is dissolved then the original registered bidder will still be liable for any outstanding debt.
8.5 A bidder must give their full name at registration, initials and nicknames are not valid.
8.6 If you are purchasing an item through third party finance, this needs to be pre-arranged so that there is no delay in payment.
9.1 All our telephone calls are recorded. We reserve the right to use them as evidence in the event of a dispute.
9.2 All auctions are Business to Business transactions and not retail transaction.
9.4 Online Auctions are not governed by Consumer Protection (Distance Selling) Regulations 2000 or the Cancellation of Contracts made in a Consumer’s home or place of work Regulations 2008. A buyer can only enact their right to cancel a sale in the event the goods are deemed to be materially different to the description offered.