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  1. These terms
    1. What these terms cover. These are the terms and conditions on which we provide our auction services to you through tsa.co.uk (“the Site”). They include our terms of website use, our acceptable use policy, our privacy policy and our cookie policy.
    2. Why you should read them. Please read these terms carefully before you register to use the Site. These terms tell you who we are, how we will provide services to you and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
    3. In these terms the following definitions shall have the meanings ascribed to them below: -
      “Auction” A sale of a Vehicle through the Site on an Auction basis.
      “Bidder” A Buyer who bids for any Vehicle listed for sale on the Site in an Auction or Buy it Now sale.
      “Bid” A bid to purchase a Vehicle through the Site.
      “Buyer” A user of the Site registered as a buyer.
      “Buy it Now” A sale of a Vehicle through the Site where a Buyer may offer to purchase a Vehicle immediately (and not via an Auction) at a price specified by a Seller.
      “Company”/“We”/ “Us” Trade Stock Auctions Ltd as detailed at Clause 2.1.
      “Purchase Price” The price at which a Vehicle sells.
      “Reserve Price” A price which the Seller of a Vehicle may set as being the minimum price at which a Vehicle will sell via an Auction.
      “Seller” A user of the Site registered as a seller and the person selling a relevant Vehicle.
      “Site” Our website at tsa.co.uk.
      “Terms” These terms and conditions incorporating the terms of website use, our acceptable use policy, our privacy policy and our cookie policy as referred at Clause 1.1.
      “Vehicle” A vehicle listed for sale on the Site whether by Auction or Buy it Now sale.
      “Winning Bid” A Bid by a Bidder for a Vehicle which exceeds any Reserve Price and which at the closing time of the Auction is the highest Bid for the Vehicle or alternatively the Buy it Now price which the Bidder has offered for a Vehicle and the Seller of that Vehicle has accepted. “Winning Bidder” shall be construed accordingly.
  2. Information about us and how to contact us
    1. Who we are. We are Trade Stock Auctions Ltd a company registered in England and Wales. Our company registration number is 09275264 and our registered office is at 767 The Big Peg 120 VYSE Street, Jewellery Quarter, Birmingham, B18 6NF. Our registered VAT number is 199617742.
    2. How to contact us. You can contact us by telephoning our customer service team at 01844 853 000 or by writing to us at info@tsa.co.uk and Trade Stock Auction LTD, Chinnor Road, Princes Risborough, HP27 9PH.
    3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  3. Our contract with you
    1. By registering on the Site you agree that all services supplied by us to you are subject to these Terms. You also agree that in using the Site and the auction services that we provide (whether as a Seller or a Bidder) are subject to these Terms.
    2. You confirm that you are over the age of 18 years and are acting in the capacity of a business and you agree and acknowledge that the Site is not open for use by consumers.
  4. Sellers

    If you register on the Site as a Seller, then the following provisions in this Clause 4 shall apply to you.

    1. You will pay to us a sale fee as detailed on our charges page from time to time in respect of each Vehicle that you sell through the Site.
    2. The sale fee shall be payable in accordance with Clause 4.1 whether the sale is concluded using the Auction services or Buy it Now services through the Site or whether you contact a Buyer directly following a failed Auction or Buy it Now listing on the Site (or via us in accordance with clause 4.12) or if you contact a Buyer directly (or if a Buyer contacts you directly) following you posting a Vehicle on the Site and you subsequently conclude a sale of that Vehicle otherwise than through the Site.
    3. You confirm that in listing any Vehicle for sale on the Site that you are the legal owner of that Vehicle or that you are authorised by the legal owner to sell that Vehicle on behalf of the legal owner.
    4. You confirm that the Vehicle is, or will be at the conclusion of any subsequent sale of the Vehicle, free from any indebtedness, charge, lien or any other such right in favour of any third party.
    5. You confirm that any images or description that you upload to the Site are accurate in all material respects and is not fraudulent, misleading or likely to mislead a potential Buyer.
    6. You may withdraw any Vehicle that you list for sale on the Site at any time up to twelve hours prior to the closing time stated for the relevant Auction or Buy it Now sale period provided that no Bids have been made in respect of such Vehicle.
    7. Any Buy it Now offer included by you on the Site in respect of any Vehicle that you have listed shall be legally binding upon you if accepted by any Buyer thorough the Site or otherwise.
    8. Upon successful conclusion of any Auction where there is a Winning Bid equal to or above any Reserve Price that you may state (in the setup of the listing of the Vehicle for sale) you shall be legally bound to sell that Vehicle to the Winning Bidder and you will provide the Winning Bidder with your contact details (including payment details) and address at which the Winning Bidder can collect the Vehicle within one Working Day following the conclusion of the Auction or Buy it Now sale.
    9. If on three separate occasions you fail to complete a sale of a Vehicle when obliged to do so pursuant to these Terms then we may at our sole discretion and option, suspend or terminate your membership and access to the Site, which will immediately end any live Auction or Buy it Now sale that you may have active on the Site.
    10. All arrangements to inspect and collect any Vehicle sold through the Site shall be made between you and the Buyer directly. We shall have no involvement in respect of such aspects of the sale and purchase process.
    11. If the Reserve Price is not met for a Vehicle at the stated closing date of any Auction then you shall not be legally obliged to sell such Vehicle to any Bidder but you may, if you wish, request that we contact a Bidder following the closing date for the Auction for such Vehicle and offer (on your behalf) the Vehicle for sale. Any verbal agreement by you to sell a Vehicle within such negotiations with a Bidder shall be binding upon you as if you had offered the Vehicle for sale through the Action and the Bidder was the Winning Bidder.
  5. Buyers

    If you register on the Site as a Buyer then the following provisions in this Clause 5 shall apply to you.

    1. You will pay us an annual subscription fee in addition to a purchase fee in respect of each Vehicle that you purchase through the Site both of which are as detailed in our charges page from time to time. You will provide us with your bank details through the Site and you shall ensure that the bank details provided shall at all times remain correct and that the relevant account shall have an available credit balance at all relevant times when payments are due to be paid to us pursuant to these Terms.
    2. The purchase fee shall be payable in accordance with Clause 5.1 whether the purchase of the Vehicle is concluded using the Auction services or Buy it Now services through the Site or whether you contact a Seller directly following the listing of a Vehicle on the Site or following a failed Auction or Buy it Now sale through the Site (whether you contact the Seller directly or through us).
    3. Any Bid or agreement to purchase a Vehicle at a Buy it Now price that you submit through the Site shall be legally binding upon you and you cannot withdraw such bid or offer. If your Bid is the Winning Bid and is equal to or in excess of the Reserve Price or if you agree to purchase a Vehicle at a Buy it Now price, then you shall be legally obliged to purchase the Vehicle at the amount of your Winning Bid or the Buy it Now price (as appropriate).
    4. Any Bid that you submit shall be subject to these Terms and any specific conditions stated by us or a Seller in respect of any relevant Auction or Buy it Now sale.
    5. You must make contact with the Seller within one Working Day and pay the Purchase Price to the Seller directly within three Working Days of the closing date of the Auction or the date of your acceptance of a Buy it Now offer or you otherwise agree to purchase a Vehicle (including by way of negotiations through us following a failed Auction sale). Failure to pay such Purchase Price within such time limits shall allow the Seller (at their discretion and option) to re-list the Vehicle on the Site.
    6. The purchase fee shall remain payable to us in accordance with Clause 5.2 if you fail to pay the Purchase Price to the Seller in accordance with Clause 5.5.
    7. If on three occasions you fail to complete a purchase of a Vehicle when obliged to do so pursuant to these Terms then we may, at our sole discretion and option, suspend or terminate your membership and access to the Site, which will immediately end any live Auction or Buy it Now sale that may (in your capacity as a Seller) be active on the Site.
    8. All arrangements to inspect and collect any Vehicle purchased through the Site shall be made between you and the Seller directly. We shall have no involvement in respect of such aspects of the sale and purchase process.
    9. You acknowledge and agree that the Seller may withdraw a Vehicle from sale and end an Auction at any time up to the stated closing time.
    10. If at the closing date of an Auction the Reserve Price is not met for a Vehicle but you are the highest bidder for such Vehicle then you will be the ‘provisional winning bidder’ subject to agreement with the Seller as to the Purchase Price. We may (but without obligation) contact you and the Seller in such circumstances to negotiate the sale and purchase of a Vehicle and any verbal agreement by you to purchase a Vehicle within such negotiations shall be binding upon you as if you had made the Winning Bid on the Site.
  6. Vehicles
    1. Title to the Vehicles sold through the Site shall pass from the Seller to the Buyer following payment of the Purchase Price by the Buyer to the Seller.
    2. All Vehicles are sold as seen and it is the Buyer’s responsibility to satisfy themselves as to the value, description and condition of any Vehicle that they may Bid on.
  7. Our role and rights
    1. We act as auctioneers only. You agree that we do not act as Seller or agent on behalf of the Seller. We shall have no responsibility or liability for any descriptions, images or other content uploaded to the Site by any Seller. Nor shall we be liable if any Buyer fails to purchase any Vehicle when legally obliged to do so pursuant to these Terms. Our role is limited to providing the Site (subject to these Terms).
    2. We are not obliged to become involved in or assist in any way with any dispute between any Seller and Buyer
    3. We shall be entitled to remove any Bid made or any Vehicle listed on the Site and end any Auction or Buy it Now offer at any time if in our opinion it is reasonable to do so, which shall include, if you breach any provision within these Terms.
  8. Price and payment
    1. Where to find our fees and charges. The charges that you will be required to pay to us for using our Site are set out on our charges page. VAT at the prevailing rate will be payable in addition to all amounts stated on our charges page.
    2. We will pass on changes in the rate of VAT. If the rate of VAT changes between the date that you place a Vehicle for sale on the Site or from the date that you Bid for a Vehicle then we will adjust the rate of VAT that you pay if you are successful in selling your Vehicle or if you are the Winning Bidder.
    3. When you must pay and how you must pay. We accept payment by bank transfer and direct debit. When you must pay depends on the charges that you are required to pay:
      1. For Sellers of Vehicles, we will submit invoices to you at the end of each calendar month in respect of all sale fees incurred by you within that month. You must pay our invoices within 30 days of the invoice date. If you have set up a direct debit facility with us then we will use this to debit the invoice total from your bank account automatically on the 30th day following the invoice date.
      2. For Buyers, you must pay the subscription fee as set out on our charges page on demand.
      3. For Winning Bidders, you must pay the charges within five Working Days of the closing time of the relevant Auction or Buy it Now sale. If you have completed a direct debit mandate with us then we will charge your account automatically following closing of the Auction or successful Buy it Now purchase.
    4. We can charge an administration fee if you pay late. If you do not make any payment to us by the due date we may charge an administration fee of £15. You must pay us the administration fee together with any overdue amount.
    5. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you an administration fee until we have resolved the issue utilising our our dispute process.
    6. If your payment of any fees due to us pursuant to these Terms is declined by your bank or if once payment has been made it is subsequently reclaimed from us by your bank then you will pay to us an administration fee of £15 in respect of our costs of contacting you to obtain alternative means of payment. You must pay us this administration fee together with any overdue amount.
  9. Limitation of our liability
    1. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
    2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.
    3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), a breach of statutory duty, or otherwise, even if foreseeable, arising under or connection with:
      1. Use of, or inability to use, the Site;
      2. Use of or reliance on any content displayed on the Site;
      3. The negotiation of any sale of a Vehicle following a failed Auction Sale;
      4. Loss of profits, sales, business or revenue;
      5. Business interruption;
      6. Loss of anticipated savings;
      7. Loss of business opportunity, goodwill or reputation; or
      8. Any indirect or consequential loss or damage.
    4. We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or any website linked to it.
    5. We assume no responsibility for the content of websites linked to the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
  10. Your indemnity

    You agree to indemnify us for any costs, loss or damage that we may incur from any breach of these Terms by you, including (without limitation) any breach by you of Clause 4.5.

  11. Other important terms
    1. We may transfer our rights and obligations under these terms to another organisation.
    2. You may not transfer your rights or obligations under these Terms to any other person.
    3. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    4. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    6. These terms are governed by English law and all proceedings in connection with these Terms must only be brought in the English courts.