TERMS & CONDITIONS
1. General Provisions
1.1 These Terms and Conditions of Sale (“Conditions”) govern the relationship between Newark Motor Auctions (Decidebloom Ltd) (“NMA”, “the Auctioneers”, “we”, “us” or “our”), the Vendor, and the Purchaser in relation to all vehicles, plant, machinery, equipment or other goods (“Vehicles”) entered for sale or sold by auction, private treaty, or otherwise.
1.2 All parties, by entering transactions with NMA, shall be deemed to have full knowledge of these Conditions and to accept them as binding.
1.3 No employee, agent, or representative of NMA has authority to vary these Conditions save by written agreement signed by Management of NMA.
1.4 These Conditions supersede all prior statements, representations, conditions or warranties whether express or implied, save that nothing herein shall exclude liability for fraud.
1.5 These Conditions shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably submit to the exclusive jurisdiction of the English courts.
2. Definitions
2.1 “Acceptance” means the point at which the Vendor accepts a bid, including by the fall of the Auctioneer’s hammer.
2.2 “Bidder” means any person who registers for, attends, or places a bid in an auction.
2.3 “Buyer’s Premium” means the fee payable by the Purchaser to NMA in addition to the Hammer Price.
2.4 “Business Day” means Monday to Friday excluding bank holidays in England.
2.5 “Hammer Price” means the amount of the highest bid accepted by the Auctioneer.
2.6 “Lien” means the Auctioneer’s right to retain possession of the Vehicle as security pending the payment of the Purchase Price and other unpaid monies owing from the Buyer.
2.7 “Live Bid” means the live auction held by the Auctioneer through the online bidding platform “SIMULCAST”.
2.8 “Lot” means any Vehicle offered for sale.
2.9 “Purchase Price” means the Hammer Price plus Buyer’s Premium, VAT, and any other applicable charges.
2.10 “Purchaser” means the successful Bidder whose offer is accepted.
2.11 “Rate of Interest” means 4% per annum above the Bank of England base rate, compounded monthly.
2.12 “Vendor” means the person, company or entity offering a Lot for sale.
2.13 “Market Value” means the price that a Vehicle of equivalent make, model, specification, age and condition might reasonably be expected to achieve in an open and competitive UK motor trade sale at the date of Acceptance.
3. Auctioneer’s Authority
3.1 NMA acts solely as agent for the Vendor and is not itself a party to the contract of sale, save where expressly stated otherwise.
3.2 The Auctioneer shall have full discretion to: (a) regulate bidding; (b) refuse bids without reason; (c) settle disputes or re-offer a Lot; (d) withdraw, divide, or combine Lots; and (e) accept or reject any bid without providing reasons.
3.3 The Auctioneer’s decision shall be final and binding on all parties.
4. Vendor’s Warranties and Obligations
4.1 The Vendor warrants to NMA and the Purchaser that: (a) they have good title to the Vehicle and authority to sell; (b) the Vehicle is free from all charges, liens or third-party interests not disclosed in writing; (c) the particulars provided are materially correct and not misleading; and (d) they will indemnify NMA and the Purchaser against all losses, claims or damages arising from any breach of warranty.
4.2 The Vendor further acknowledges that: (a) NMA provides no warranties as to mileage, odometer readings, service history, condition or quality; (b) NMA provides no vehicle grading or appraisal; (c) all Vehicles are sold as seen; (d) Vehicles are sold without reserve unless a reserve price is expressly agreed in writing with NMA prior to entry of the Vehicle into auction. Where a reserve price is agreed, NMA may refuse bids below that level.
4.3 Unsold or Withdrawn Vehicles: (a) A Vehicle may be offered in a maximum of two auctions. (b) After two attempts, the Vehicle must be collected within 7 Business Days. (c) A release fee of £35 + VAT shall be payable on unsold or withdrawn Vehicles to cover administration fees.
5. Purchaser’s Duties
5.1 The Purchaser must:
(a) provide a valid bidding number immediately upon Acceptance;
(b) pay the full Purchase Price by 5:00pm on the Business Day following the auction;
(c) pay by cleared funds (bank transfer, cash or other method approved in advance);
(d) collect the Vehicle within 72 hours of Acceptance unless otherwise agreed.
5.2 No credit cards or business debit cards shall be accepted.
5.3 Risk in the Vehicle passes to the Purchaser at Acceptance. Title shall not pass until full cleared payment of the Purchase Price is received. Vehicles are sold to trade purchasers only unless stated otherwise. Private buyers purchasing in-hall acknowledge that Vehicles are sold as unroadworthy unless expressly stated to the contrary.
5.4 Purchasers must satisfy themselves as to the condition and history of the Vehicle prior to bidding.
6. Payment and Default
6.1 Time shall be of the essence for all payments.
6.2 In the event of default by the Purchaser:
(a) interest shall accrue on the outstanding sum at the current Rate of Interest;
(b) NMA may resell the Vehicle and the defaulting Purchaser shall be liable for any shortfall together with costs of resale;
(c) NMA may retain possession of the Vehicle until all sums are paid;
(d) NMA may deduct sums owed from monies due to the Purchaser from other transactions;
(e) NMA may suspend or terminate the Purchaser’s trading account.
6.3 Deposits: A deposit must be paid immediately once the hammer falls and the Vehicle is deemed to be in the Purchaser's possession. NMA may also require deposits prior to bidding. All deposits are forfeited in the event of default.
6.4 Vendors and Purchasers agree that NMA shall have a lien on any Vehicle in respect of any monies due.
7. Vehicle Information and Disclaimers
7.1 NMA does not undertake or warrant any checks as to Vehicle history, Vehicle condition or mileage including, without limitation, DVLA records, MOT status, mileage, insurance write-off, outstanding finance, or police interest.
7.2 Any information supplied in catalogues, advertisements, online listings, or verbal announcements is provided for guidance only and shall not constitute a representation or warranty.
7.3 All Vehicles are sold without warranty as to condition, quality, roadworthiness, fitness for purpose or merchantable quality, whether implied by statute, common law or otherwise.
8. Fees and Charges
8.1 Fees payable by Purchasers include: (a) Buyer’s Premium at the prevailing rate; (b) VAT where applicable; (c) Storage fees at the current daily rate + VAT for Vehicles not collected within 72 hours; and (d) administrative and handling charges notified from time to time.
8.2 Fees payable by Vendors include: (a) commission on sales at the published rate; (b) release fees on unsold or withdrawn Vehicles (£35 + VAT); and (c) any other charges reasonably incurred by NMA.
8.3 If a Vehicle is not collected within 14 days, a standard release fee + VAT will apply. If the Vehicle remains uncollected after this period, it will be entered into a sale (NIL RESERVE), and upon sale, storage fees and commission will be deducted from the proceeds. NMA will provide written notice in accordance with the Torts (Interference with Goods) Act 1977 before disposing of or re-entering an uncollected Vehicle into auction.
9. Liability
9.1 NMA shall not be liable for loss, damage, theft or destruction of Vehicles whilst on its premises, except where caused directly by NMA’s negligence.
9.2 NMA shall not be liable for indirect or consequential loss including loss of profit, business interruption, or loss of opportunity.
9.3 NMA’s total liability in contract, tort or otherwise shall not exceed the Purchase Price of the Vehicle. These limitations apply only to the extent permitted by law.
9.4 Nothing in these Conditions excludes liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
10. Bidding
10.1 Eligibility to Bid
10.1.1 All Bidders must register with NMA prior to bidding and provide valid identification and any documents reasonably required.
10.1.2 Access to LiveBid is restricted to VAT-registered trade purchasers approved by NMA. Private buyers may bid in-hall only.
10.1.3 By bidding, a Bidder warrants they are legally capable of entering into a binding contract.
10.2 Authority to Bid on Behalf of a Third Party
10.2.1 Bidders acting for another party warrant they have full authority to do so.
10.2.2 Bidders acting as agents agree they are jointly and severally liable with their principal.
10.3 The Bidding Process
10.3.1 Bids may be placed physically in-hall or electronically via LiveBid (where permitted).
10.3.2 Each bid constitutes an irrevocable offer to purchase the Vehicle.
10.3.3 NMA accepts no liability for technical delays, disconnections, audio/video lag, system faults or transmission errors affecting LiveBid.
10.3.4 Bids recorded by NMA’s system shall prevail regardless of user-side delays.
10.4 Auctioneer’s Discretion
10.4.1 The Auctioneer retains discretion to:
(a) regulate bidding;
(b) refuse or cancel any bid;
(c) resolve disputes;
(d) withdraw or re-offer a Lot;
(e) determine the successful Bidder.
10.4.2 The Auctioneer’s decision is final and binding.
10.5 Binding Contract
10.5.1 The fall of the hammer constitutes Acceptance and forms a binding contract between Vendor and Purchaser.
10.5.2 Risk passes to the Purchaser immediately at Acceptance.
10.6 Mistaken or Accidental Bids
10.6.1 NMA accepts no responsibility for accidental bids.
10.6.2 Once accepted by the Auctioneer, a bid is binding.
10.6.3 NMA reserves the right to withhold any monies, including deposits, where the Purchaser refuses or fails to accept the Vehicle as their own.
10.7 Withdrawal of Lots
10.7.1 NMA may withdraw any Lot without liability prior to Acceptance.
10.7.2 Withdrawal may occur if ownership, documentation, finance, identity, or Vendor compliance issues arise.
10.8 Refusal or Suspension of Bidding Privileges
10.8.1 NMA may refuse bids or suspend a Bidder for:
(a) outstanding debts;
(b) previous default;
(c) failure to provide documentation;
(d) disruptive or inappropriate behaviour.
10.8.2 NMA’s decision is final.
10.9 LiveBid Conditions
10.9.1 Use of LiveBid is subject to platform-specific terms accepted at registration.
10.9.2 NMA provides no warranty of uninterrupted access.
10.9.3 Bids received by NMA’s system prevail in all circumstances.
11. Selling Vehicles
11.1 By entering a Vehicle for sale, the Seller warrants that they are the legal owner of the Vehicle or otherwise possess full and unfettered authority to sell the Vehicle and to transfer title to the Purchaser.
11.2 All Vehicles entered into sale shall be subject to administration, inspection, processing, and handling charges at the current applicable rates, which will be deducted from the sale proceeds.
11.2a The Seller warrants that the Vehicle is free from all finance, charges, outstanding payments, or any other encumbrances. Newark Motor Auctions will not accept any Vehicle subject to existing finance or outstanding liabilities. Should any such encumbrance be discovered, the Seller remains wholly responsible for settling the liability, and NMA reserves the right to withdraw the Vehicle from sale or take any action necessary to protect Purchasers and the business.
11.3 Vehicles entered into auction shall be sold to the highest bidder unless a reserve price is expressly agreed in writing between the Vendor and NMA prior to auction.
11.4 Where no reserve has been agreed in writing, Vehicles are entered strictly without reserve, and all bids received shall be treated as final upon the fall of the hammer.
11.5 Settlement of funds to the Seller will be made only upon:
(a) receipt of cleared funds from the Purchaser; and
(b) deduction of all applicable fees, commissions, and charges due to NMA, including any outstanding balances owed by the Seller.
11.6 Unsold Vehicles or Vehicles withdrawn from sale that remain on-site will incur storage charges at the current daily rate + VAT, accruing from the date of the auction or withdrawal until the Vehicle is removed.
11.7 If a Seller fails to remove an unsold or withdrawn Vehicle following reasonable notice, NMA reserves the right to:
(a) continue to apply storage charges at the prevailing rate; and
(b) after providing further notice, re-enter the Vehicle into auction at NIL RESERVE, with all accrued storage charges, commissions, and associated costs deducted from the resulting sale proceeds. NMA will provide written notice in accordance with the Torts (Interference with Goods) Act 1977 before disposing of or re-entering an uncollected Vehicle into auction.
12. Disputes and Claims
12.1 Claims for misdescription or breach of warranty must be notified in writing to NMA within 3 Business Days of Acceptance.
12.2 Claims in respect of title may be raised within 6 months of the sale.
12.3 NMA may, in its sole discretion, rescind a sale, withhold funds, or require return of a Vehicle in the event of dispute.
12.4 Vehicles may not be returned without NMA’s prior written consent.
13. Online Bidding (LiveBid/Simulcast)
13.1 Online bidding services are provided “as is” and without warranty.
13.2 Access to LiveBid is restricted to VAT-registered trade purchasers approved by NMA.
13.3 Purchasers acknowledge that bids placed online are at their own risk, and NMA accepts no liability for technical failures, delays, or disconnections.
13.4 Proxy bids may be placed and executed automatically by the online system.
14. Health & Safety and Site Rules
14.1 All persons attending NMA premises shall: (a) comply with posted signs, staff instructions and health & safety regulations; (b) not start, drive, or move any Vehicle without prior authority; (c) remain within designated areas and observe yard safety rules; and (d) film or photograph anywhere on the site without explicit permission.
14.2 Children under 16 are not permitted in auction areas or vehicle yards without adult supervision at all times. NMA reserves the right to refuse entry to minors where safety risks cannot be mitigated.
14.3 Visitors enter at their own risk. NMA accepts no liability for injury save where caused by its negligence.
15. Data Protection
15.1 NMA processes personal data in accordance with UK data protection legislation.
15.2 Personal data may be shared with Vendors, Purchasers, insurers, regulators, law enforcement bodies and debt recovery agents where reasonably required.
15.3 Data will be processed in accordance with our Privacy Policy available at: Privacy Policy | Newark Motor Auctions
15.4 The Privacy Policy explains the lawful basis for processing, retention periods, data subject rights
16. Force Majeure
16.1 NMA shall not be liable for any failure or delay in performance caused by events beyond its reasonable control including strikes, lockouts, labour disputes, fire, flood, adverse weather, system failure, war, government action, pandemic or other force majeure.
17. Miscellaneous
17.1 Severability: If any provision is found unlawful, invalid or unenforceable, the remainder shall remain in full force.
17.2 Waiver: No waiver of rights shall be effective unless in writing. Failure to enforce any provision shall not constitute a waiver of future enforcement.
17.3 Notices: Notices may be served by post, email, or hand delivery to the address provided by the party.
17.4 Assignment: Neither party may assign its rights or obligations without prior written consent of NMA.
17.5 Entire Agreement: These Conditions constitute the entire agreement between the parties and supersede all prior arrangements.
17.6 Third-Party Rights: A person who is not a party to these Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999.
18. Market Value
18.1 For the purposes of these Conditions, “Market Value” shall mean the price that a Vehicle of equivalent make, model, age, specification and condition might reasonably be expected to achieve in an open and competitive motor trade sale in the United Kingdom at the date of Acceptance.
18.2 In the event of any dispute, claim, or liability arising under these Conditions, the liability of NMA, the Vendor, or the Purchaser (as applicable) shall not exceed the Market Value of the Vehicle at the time of Acceptance, or the Purchase Price paid (whichever is lower). These limitations apply only to the extent permitted by law.
18.3 The Market Value of any Vehicle shall be determined by NMA in its absolute discretion, taking into account: (a) published motor trade valuation guides in common use within the industry; (b) prevailing retail and wholesale prices at comparable independent motor auctions; (c) condition reports and reasonable inspection of the Vehicle at the time of Acceptance; and (d) any other factors NMA reasonably considers relevant.
18.4 Without prejudice to the generality of clause 16.2, no claim shall be brought for any amount: (a) exceeding the Market Value of the Vehicle as determined under clause 16.3; (b) relating to consequential or indirect loss, including but not limited to loss of profit, goodwill, reputation or opportunity; or (c) where the aggregate value of such claim is less than £250 (exclusive of VAT).
18.5 The Purchaser acknowledges and agrees that: (a) the determination of Market Value by NMA shall, in the absence of manifest error, be final and binding; (b) any adjustment, refund, or compensation (if applicable) shall be limited strictly to the difference between the Purchase Price and the Market Value (subject always to clause 16.2); and (c) no further liability shall attach to NMA, the Vendor or the Purchaser once such adjustment, refund or compensation has been made.
Decidebloom Ltd. Registered Office: Winterton Road, Scunthorpe, North Lincolnshire DN15 6AH Registered in England No. 3003995 VAT No. 616 9960 04 399