• 1.1.1“Applicable Law”means all laws, statutes, regulations, orders and rules in each case having the force of law that apply to the operation of these Conditions;
• 1.1.2“As Is” (also referred to in the vehicle remarketing sector as “as seen”) in relation to a Vehicle sale means that the Vehicle is sold and purchased where it is in its actual state and condition as at the Point of Sale, including with any faults and defects affecting the vehicle (if any) and, except for that term, the Contract for Sale shall not contain any condition, warranty or other term (whether express or implied and whether implied by statute, common law, custom or otherwise) as to the age, description, suitability, fitness for purpose, satisfactory quality or roadworthiness of the Vehicle. All such conditions, warranties and other terms are excluded in respect of any Vehicle sold “As Is” to the extent permitted by Applicable Law. The fact that the Buyer has not had the opportunity physically to inspect the Vehicle shall not prevent the Vehicle from being sold “As Is”;
• 1.1.3 “Auction” means any auction (of any format or type) of a Vehicle operated by ON SALE AUCTIONS LIMITED (whether physical or online or both), including any fixed-price Vehicle sale where a Buyer may bid the required Price in order to purchase the relevant Vehicle;
• 1.1.4 “Auctioneer” means ON SALE AUCTIONS LIMITED or any employee or agent of ON SALE AUCTIONS LIMITED who at the relevant time has the conduct of an Auction;
• 1.1.5 “ON SALE AUCTIONS LIMITED” means On Sale Auctions (registered in England and Wales with company number: 14440283) or any other company in ON SALE AUCTIONS LIMITED’s Group which at the relevant time and place has the conduct of an Auction;
• 1.1.6 “ON SALE AUCTIONS LIMITED System(s)” means the ON SALE AUCTIONS LIMITED Website, or any other systems, platforms or electronic means of communication made available by ON SALE AUCTIONS LIMITED to Sellers and/or Buyers in connection with the sale and purchase of the Vehicles;
• 1.1.7 “ON SALE AUCTIONS LIMITED Website” means the website located at www.On sale auctions limited.co.uk, or any replacement website from time to time;
• 1.1.8 “ Buyer” means any participant in an Auction who may bid on a Vehicle and the ultimate buyer of a Vehicle offered for sale by a Seller following the highest bid accepted by the Auctioneer (including, in the case of online Auctions, by or through the ON SALE AUCTIONS LIMITED Website) at the Point of Sale or by Private Treaty Sale and reference to the Buyer shall, where the context so requires, include any authorised registrant on the Buyer’s account with ON SALE AUCTIONS LIMITED;
• 1.1.9 “Buyer On-Boarding Process” means the application process which all prospective Buyers must complete before obtaining an account with ON SALE AUCTIONS LIMITED and being able to bid at Auction; 1

• 1.1.10 “Contract for Sale” means the contract for sale of a Vehicle entered into between the Seller and the Buyer;
• 1.1.11 “Entry Data” means, in respect of a Vehicle, the information (whether in hard copy or electronic form) containing details of the Vehicle, which is completed by the Seller or by ON SALE AUCTIONS LIMITED on the Seller’s behalf;
• 1.1.12 “Group” means in relation to a company its ultimate holding company and each of its ultimate holding company’s other subsidiaries from time to time (a “holding company” and “a subsidiary” being as defined in section 1159 of the Companies Act 2006);
• 1.1.13 “Point of Sale” means when the Auctioneer announces completion of sale of the Vehicle by the fall of the hammer (whether virtually in an online Auction or physically in a physical Auction), or in another customary manner;
• 1.1.14 “Pre-Sale Vehicle Information” means, in respect of a Vehicle, the information relating to it made available to the Buyer (whether online or otherwise) prior to the Auction in which that Vehicle is sold;
• 1.1.15 “Price” means, in respect of a Vehicle, the highest bid accepted by the Auctioneer for the sale of that Vehicle or, in the case of any fixed-price Vehicle sale, the required price in order to purchase the relevant Vehicle;
• 1.1.16 “Private Treaty Sale” shall have the meaning given in Condition 25.2;
• 1.1.17 “Reserve Price” means the minimum price that the Seller is willing to accept for the Vehicle being sold at an Auction;

• 1.1.18 “Seller” means the seller or prospective seller of a Vehicle at an Auction on whose behalf the Auctioneer is auctioning the Vehicle. Reference to the Seller shall, where the context so requires, include any authorised registrant on the Seller’s account with ON SALE AUCTIONS LIMITED;
• 1.1.19 “Serious Accident Damage” means any previous or existing structural damage to the Vehicle so extensive that the repair included (or should have included) a body alignment check as part of the repair process;
• 1.1.20 “Total Loss” means structural or other damage to the Vehicle that results in the Vehicle being categorised as a write-off for insurance purposes, and/or previously categorised in any context as salvage or otherwise beyond economic repair; and
• 1.1.21 “Vehicle” means any kind of motor car, motorcycle or motorised caravan, every kind of commercial, agricultural and other self-propelled vehicle, together with mechanical and electrical plant and equipment.

• 1.2 Illustrations and photographs of a Vehicle published by ON SALE AUCTIONS LIMITED on the ON SALE AUCTIONS LIMITED Website or elsewhere are for identification purposes only. A photograph or illustration may not reflect an accurate reproduction of the colour(s) or true state and condition of the Vehicle.
• 1.3 The age of a Vehicle shall be calculated by reference to the year in which the Vehicle was first registered in the United Kingdom. Every reference in these Conditions, in any Entry Data or other document or by the Auctioneer to “the age” of a Vehicle shall be construed accordingly. If such year cannot be determined, then the Vehicle will be offered for sale as “date of registration unknown”.
• 1.4 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
• 1.5 A reference to a party includes its successors and permitted assigns.
• 1.6 A reference to a statute or statutory provision is a reference to it as it is in force from time to time, taking account of any amendment, extension or re-enactment and includes any subordinate legislation from time to time in force made under it. 2
• 1.7 Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
• 1.8 A reference to writing or written excludes fax but includes email unless expressly provided otherwise in these Conditions.
• 1.9 Headings are for convenience only and shall not affect the interpretation of these Conditions.
• 1.10 Words in the singular include the plural and vice versa and reference to any gender includes all genders.

• 2.1 In order for ON SALE AUCTIONS LIMITED to enter a Vehicle into an Auction, the Seller shall:
• • 2.1.1 make the Vehicle available for Auction (whether through delivery to the site of the Auction, another location notified to the Seller by ON SALE AUCTIONS LIMITED, or otherwise);
  • 2.1.2 provide the Vehicle registration document (Form V5) or any substitute for that document approved in writing by ON SALE AUCTIONS LIMITED (and provision of any such document to ON SALE AUCTIONS LIMITED by email shall be sufficient for this purpose);
  • 2.1.3 provide any subsisting test or plating or other document relating to the Vehicle;
  • 2.1.4 make available the keys (whether physical or digital), codes, fobs, passwords or other devices, data or items necessary to unlock and/or operate the Vehicle; and
  • 2.1.5 subject to Condition 4, provide to ON SALE AUCTIONS LIMITED the Entry Data fully completed and signed or otherwise validated by the Seller. Where the Seller provides the Entry Data to ON SALE AUCTIONS LIMITED online, the Seller’s email address will be recorded by ON SALE AUCTIONS LIMITED. Any and all Entry Data and other information relating to a Vehicle received by ON SALE AUCTIONS LIMITED from the Seller’s recorded email address shall be deemed to be provided by or on behalf of the Seller.
• • 2.2 ON SALE AUCTIONS LIMITED may (in its absolute discretion):
  • • 2.2.1 enter a Vehicle into an Auction even where the Seller
    • fails to comply with one or more of the Conditions at 2.1.1 - 2.1.5; or
  • 2.2.2 refuse to enter a Vehicle into an Auction if the Seller has failed to comply with any of the Conditions at 2.1.1 - 2.1.5.
• 2.3 Vehicles advertised for sale may have been used for business purposes and/or by multiple users. Previous ownership, whilst indicative of use, is not conclusive. ON SALE AUCTIONS LIMITED shall not be liable to the Buyer as a result of any Vehicle having been used by the Seller or any previous registered keeper for business purposes and/or such Vehicle having been used by multiple users.
• 2.4 The Seller acknowledges that ON SALE AUCTIONS LIMITED may use the Seller’s details, and may share the Seller’s details, in each case for legitimate business purposes, including (but not limited to) due diligence screening and the prevention, detection and investigation of possible or actual crime. Such due diligence screening may include (but is not limited to) identification checks, credit checks and sanctions screening. In addition, ON SALE AUCTIONS LIMITED shall have the right to provide either party to a Contract for Sale in respect of a Vehicle with the name, address, telephone number and email address of the other party to such contract.

• 3.1.1 the Seller has the absolute right to sell the unencumbered legal and beneficial interest in the Vehicle free from all liens, charges, encumbrances and third party claims;
• 3.1.2 if ON SALE AUCTIONS LIMITED sells the Vehicle at the Auction or by Private Treaty Sale, such sale will conform in every respect with the terms implied by the Sale of Goods Act 1979, Sections 12(1) and 12(2) (implied terms about title);
• 3.1.3 the Vehicle bears its proper registration mark and vehicle identification number;
• 3.1.4 the Vehicle has not been treated by an insurance company as a Total Loss;
• 3.1.5 the Vehicle has not sustained Serious Accident Damage;
• 3.1.6 the Vehicle has not been used by the police and has not been used as a licensed hackney carriage/taxi or private hire vehicle;
• 3.1.7 the Vehicle has not been re-registered or imported;
• 3.1.8 the Vehicle has not sustained flood damage;
• 3.1.9 the Vehicle has not been stolen and subsequently recovered;
• 3.1.10 the odometer reading is not warranted;
• 3.1.11 there are no known inaccuracies in relation to the Vehicle’s mileage;
• 3.1.12 all keys (whether physical or digital), codes, fobs, passwords or other devices, data or items necessary to unlock and/or operate the Vehicle are in full working order or are valid (as the case may be);
• 3.1.13 if the Vehicle carries a cherished registration plate which is to remain assigned to the Vehicle, the Seller has the absolute right to sell the right to use that plate along with the Vehicle;
• 3.1.14 the Vehicle is in such a condition as will allow it to be lawfully used upon the road immediately on its sale in an Auction; and
• 3.1.15 the Vehicle is to be sold without a Reserve Price.

• 3.2 If the Vehicle carries a cherished registration plate which is not to be sold with the Vehicle, the Seller shall confirm that fact in the Entry Data and shall make the necessary arrangements validly to retain the plate.
• 3.3 The Seller further warrants and represents to ON SALE AUCTIONS LIMITED and the Buyer that the Entry Data is entirely accurate and contains details of any known major mechanical faults. The Seller shall make any and all amendments or updates to the Entry Data as necessary to ensure that the Entry Data is accurate as at the Point of Sale.
• 3.4 The Seller agrees that ON SALE AUCTIONS LIMITED may (but is not obliged to) publish before the Auction (by whatever means ON SALE AUCTIONS LIMITED deems appropriate) and to announce at the Auction any information contained in the Entry Data or supplied by the Seller, any fair summary of any such information, and any fair description of the appearance of the Vehicle.
• 3.5 Where a Seller offers a Vehicle for sale via online Auction in circumstances where the Vehicle is not physically present on ON SALE AUCTIONS LIMITED premises, the Seller:
• • 3.5.1 shall:
  • 1. a) ensure that the person(s) in whose possession and/or control the Vehicle remains is/are aware and understand(s) the implications of the fact that the Vehicle is being so offered for sale; and
  • 2. b) not enter into a contract (“Third Party Contract”) for the sale of the Vehicle otherwise than via the Auction whilst it is being so offered; and
  • 3.5.2 acknowledges that, if they breach Condition 3.5.1b), they may incur legal liabilities to one or more Buyers, ON SALE AUCTIONS LIMITED and any purchaser under the Third Party Contract.

• • 4.1 This Condition 4 shall apply if the Seller requests ON SALE AUCTIONS LIMITED to complete all or any part of the Entry Data on the Seller’s behalf and ON SALE AUCTIONS LIMITED agrees to do so.
  • 4.2 ON SALE AUCTIONS LIMITED may agree with the Seller that ON SALE AUCTIONS LIMITED will, on behalf of the Seller, complete all or part of the Seller’s Entry Data in respect of a specified Vehicle. No such agreement shall be implied by reason only of the fact that ON SALE AUCTIONS LIMITED has accepted a Vehicle into the Auction without any Entry Data or with incomplete Entry Data.
• 4.3 If ON SALE AUCTIONS LIMITED agrees with the Seller to complete all or part of the Seller’s Entry Data in respect of a specified Vehicle in accordance with Condition 4.2:

• 4.3.1 the Seller shall remain liable for the accuracy of the Entry Data unless ON SALE AUCTIONS LIMITED makes an error in following the Seller’s instructions in respect of the Entry Data, in which case Condition 4.3.6 will apply;
• 4.3.2 unless the Seller has notified ON SALE AUCTIONS LIMITED in writing (including email) to the contrary (either generally or in respect of any particular Vehicle), ON SALE AUCTIONS LIMITED shall complete the relevant Entry Data and the Seller shall be deemed to give all of the warranties and representations set out in Condition 3.1 in relation to the relevant Vehicle;
• 4.3.3 if the Seller cannot give any of the warranties and representations set out in Condition 3.1, the Seller must notify ON SALE AUCTIONS LIMITED promptly in writing (including email) prior to ON SALE AUCTIONS LIMITED completing the Entry Data on behalf of the Seller and, in any event, prior to the Vehicle being entered into the Auction. The Seller shall indemnify ON SALE AUCTIONS LIMITED against all costs, liabilities, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by ON SALE AUCTIONS LIMITED arising out of or in connection with the Seller’s failure to notify ON SALE AUCTIONS LIMITED in accordance with this Condition 4.3.3 that it cannot give any of the warranties and representations set out in Condition 3.1;
• 4.3.4 the Seller may instruct ON SALE AUCTIONS LIMITED to enter all or any Vehicle(s) in the Auction “As Is” or may instruct ON SALE AUCTIONS LIMITED as to the mechanical condition of a Vehicle, in which event ON SALE AUCTIONS LIMITED shall complete the Entry Data relating to that Vehicle in accordance with such instructions. The Seller shall be responsible for the accuracy of such instructions and shall indemnify ON SALE AUCTIONS LIMITED against all costs, liabilities, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by ON SALE AUCTIONS LIMITED arising out of or in connection with the accuracy of such instructions;
• 4.3.5 where no directions or instructions have been given in respect of any particular Vehicle’s mechanical condition, ON SALE AUCTIONS LIMITED may, but is not obliged to:
• • 1. a) insert details of the Vehicle’s mechanical condition in the Entry Data provided that it has first satisfied itself as to the mechanical condition of the Vehicle and as to whether it can be used lawfully upon the road; or
  • 2. b) enter the Vehicle into the Auction “As Is”; and
• 4.3.6 ON SALE AUCTIONS LIMITED shall have no liability to the Seller or to the Buyer as a result of any inaccuracy in the Entry Data or in any publication or announcement based on the Entry Data unless and to the extent that ON SALE AUCTIONS LIMITED has made an error when following the Seller’s instructions in respect of such Entry Data or announcement. In that event, the Seller’s and the Buyer’s sole remedy against ON SALE AUCTIONS LIMITED shall be a contractual claim for breach of these Conditions. Any such claim shall be subject always to the limitations on ON SALE AUCTIONS LIMITED’s liability set out in Condition 10.

• 5.1 If ON SALE AUCTIONS LIMITED accepts a Vehicle into an Auction despite the failure of the Seller to deliver to ON SALE AUCTIONS LIMITED either the Vehicle registration document or a substitute for that document approved by ON SALE AUCTIONS LIMITED in accordance with Condition 2.1.2, the fact that no such document has been delivered to ON SALE AUCTIONS LIMITED shall be disclosed in the relevant Pre-Sale Vehicle Information and/or announced by the Auctioneer.
• 5.2 If ON SALE AUCTIONS LIMITED accepts a Vehicle into Auction and the Seller informs ON SALE AUCTIONS LIMITED that there are subsisting test or plating documents relating to the Vehicle which have not been delivered by the Seller to ON SALE AUCTIONS LIMITED in accordance with Condition 2.1.3, the fact that such document or documents have not been delivered shall be disclosed in the relevant Pre-Sale Vehicle Information and/or announced by the Auctioneer.
• 5.3 In the event of a disclosure in the relevant Pre-Sale Vehicle Information and/or an announcement by the Auctioneer under Condition 5.1 or 5.2:

• 5.3.1 neither the Seller nor ON SALE AUCTIONS LIMITED shall be under any obligation to procure, deliver or produce any document to which the disclosure in the Pre-Sale Vehicle Information and/or the announcement relates; and
• 5.3.2 if any document to which the disclosure in the Pre-Sale Vehicle Information and/or the announcement relates subsequently comes into the possession of ON SALE AUCTIONS LIMITED, the only obligation on ON SALE AUCTIONS LIMITED shall be to post it to the Buyer at the address recorded for the Buyer on the purchase invoice for the Vehicle.

• 6.1 ON SALE AUCTIONS LIMITED may (in its absolute discretion) enter the Vehicle into the Auction without a Reserve Price if:
• • 6.1.1 the Entry Data relating to the Vehicle does not contain a Reserve Price; and
  • 6.1.2 in reasonable time before the relevant Auction commences, the Seller has not otherwise notified ON SALE AUCTIONS LIMITED in writing of any Reserve Price (email, receipt and acceptance of which has been notified by ON SALE AUCTIONS LIMITED to the Seller, shall be sufficient for this purpose).
• 6.2 Where the Seller specifies a Reserve Price, this shall be deemed to be inclusive of VAT (where applicable) unless the Seller otherwise notifies ON SALE AUCTIONS LIMITED in writing (email, receipt and acceptance of which has been notified by ON SALE AUCTIONS LIMITED to the Seller, shall be sufficient for this purpose).
• 6.3 The Reserve Price specified in the Entry Data may not be qualified in any way, and the Auctioneer may (in their absolute discretion) disregard anything in the Entry Data (or any other instruction from the Seller, whether in writing or otherwise) which purports to qualify a Reserve Price.
• 6.4 When a Vehicle is entered into an Auction with a Reserve Price:
• • 6.4.1 the Vehicle will not be sold unless the highest bid meets or exceeds the Reserve Price (except if the Seller authorises a sale during the bidding); and
  • 6.4.2 the Auctioneer shall not be obliged to announce that Reserve Price unless they withdraw the Vehicle because it has not reached its Reserve Price.

• 7.1 The Auctioneer, without giving any reasons, may refuse to accept any bid and may regulate the bidding generally as they see fit.
• 7.2 A Contract for Sale between the Buyer and the Seller for the Vehicle shall be formed at the Point of Sale. Ownership of the Vehicle shall pass in accordance with Condition 18. Risk in the Vehicle shall pass in accordance with Condition 19.1.
• 7.3 If any dispute arises during the bidding or a dispute arises after the Point of Sale as to what bids were made or by whom, such dispute shall be referred to the Auctioneer for their decision. The Auctioneer’s decision (for which no reason need be given) shall be final, and the Auctioneer shall have absolute discretion to cancel the Contract for Sale and to offer the Vehicle for sale either during the same Auction, or in a subsequent Auction or other sale process.
• 7.4 If the Auctioneer exercises their discretion to cancel a Contract for Sale in accordance with Condition 7.3, neither the Buyer nor the Seller shall be entitled to rely on the original Contract for Sale for any purpose whatsoever, except that the Buyer shall be entitled to the return of any money which they may have paid in connection with such original Contract for Sale.
• 7.5 The Seller may:
• • 7.5.1 withdraw a Vehicle from the Auction at any time before the Point of Sale; or
  • 7.5.2 bid for a Vehicle themselves up to the Reserve Price for the Vehicle.
• 7.6 The Auctioneer and other employees of ON SALE AUCTIONS LIMITED may accept written (but not oral) or online instructions to bid on behalf of prospective Buyers but are not obliged to accept such instructions. Any such instructions which are accepted are at the prospective Buyer’s risk.

• 7.7 The Auctioneer shall have absolute discretion to withdraw a Vehicle from an Auction if in their opinion:
• • 7.7.1 the bidding does not reach a reasonable level; or
  • 7.7.2 there are other reasonable grounds for withdrawing the Vehicle.
• 7.8 The Buyer acknowledges that ON SALE AUCTIONS LIMITED may use the Buyer’s details, and may share the Buyer’s details, in each case for legitimate business purposes, including (but not limited to) due diligence screening and the prevention, detection and investigation of possible or actual crime. Such due diligence screening may include (but is not limited to) identification checks, credit checks and sanctions screening. In addition, ON SALE AUCTIONS LIMITED shall have the right to provide either party to a Contract for Sale in respect of a Vehicle with the name, address, telephone number and email address of the other party to such contract.
• 7.9 Save as otherwise expressly provided in these Conditions, the Auctioneer shall have absolute discretion in relation to offering the Vehicle for sale, including in relation to:
• • 7.9.1 the place and date of the Auction at which the Vehicle is offered for sale, including cancelling or rescheduling the Auction at which the Vehicle is offered for sale;
  • 7.9.2 the format and the type of the Auction at which the Vehicle is offered for sale; and
  • 7.9.3 the manner in which the Auction is conducted.

• 8.1 Subject only to:
• • 8.1.1 Condition 9.2 (terms of Contract for Sale);and
  • 8.1.2 Condition 11 (ON SALE AUCTIONS LIMITED Warranties), each Vehicle shall be sold “As Is” unless specifically stated otherwise in the Entry Data and/or the Pre-Sale Vehicle Information. The Auctioneer may, but is not obliged to, announce that a Vehicle is being sold “As Is.”

• 9.1 The parties to the Contract for Sale are the Buyer and the Seller. ON SALE AUCTIONS LIMITED is not a party to the Contract for Sale and is not liable for any breach of such contract by either the Buyer or the Seller.
• 9.2 It shall be a term of the Contract for Sale that:
• • 9.2.1 unless otherwise disclosed in the relevant Pre-Sale Vehicle Information or indicated otherwise by the Auctioneer, the Seller represents and warrants to the Buyer that the Vehicle:
  • • 1. a) has not been treated by an insurance company as a Total Loss;
    • 2. b) has not sustained Serious Accident Damage;
    • 3. c) has not been used by the police or as a licensed hackney carriage/taxi or private hire vehicle;
    • 4. d) has not been re-registered or imported;
    • 5. e) has not sustained flood damage;
    • 6. f) has not been stolen and subsequently recovered;
    • 7. g) is in such a condition as will allow it to be lawfully used upon the road immediately on its sale in an Auction; and
• 9.2.2 unless provided otherwise in these Conditions, any description applied to the Vehicle by the Auctioneer or disclosed in the relevant Pre-Sale Vehicle Information (subject to any qualifications or corrections to such Pre-Sale Vehicle Information announced by the Auctioneer) shall be reasonably accurate.

• 9.3 When a Vehicle is described as having no major mechanical defects, that description shall be construed as meaning that there is no major mechanical defect in (but only in) the engine, gearbox, clutch, brakes, steering and transmission of the Vehicle. The parties agree that, in determining the accuracy of the description “no major mechanical defects”, the age and, if warranted by the Seller, the mileage of the Vehicle shall be taken into account.
• 9.4 Other than as set out in this Condition 9 and as set out in Condition 11 (ON SALE AUCTIONS LIMITED Warranties), all conditions, warranties and other terms (whether express or implied and whether implied by statute, common law, custom or otherwise) are excluded from the Contract for Sale to the extent permitted by Applicable Law.

• 10.1 Nothing in these Conditions shall limit or exclude the liability or remedy of any party for:
• • 10.1.1 death or personal injury caused by its negligence, or that of its employees, agents or sub-contractors; or
  • 10.1.2 fraud or fraudulent misrepresentation; or
  • 10.1.3 any act, omission or matter, liability for which may not be excluded or limited under Applicable Law.
• 10.2 Nothing in these Conditions shall limit or exclude the liability of the Seller or remedy of any other party for breach of any obligation as to title implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
• 10.3 Subject to Condition 10.1:
• • 10.3.1 ON SALE AUCTIONS LIMITED shall not be liable to the Buyer or Seller whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, or otherwise, for:
  • • 1. a) loss of profits;
    • 2. b) loss of sales or business;
    • 3. c) loss of agreements or contracts;
    • 4. d) loss of anticipated savings;
    • 5. e) loss of use or corruption of software, data or information;
    • 6. f) loss of or damage to goodwill;
    • 7. g) pure economic loss; and/or
    • 8. h) indirect or consequential loss.
  • 10.3.2 ON SALE AUCTIONS LIMITED’s total liability to the Buyer and the Seller arising under or in connection with the sale and purchase of any Vehicle, and the provision of the Auction and related services, whether arising in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, shall in all circumstances be limited to the Price paid for the Vehicle by the Buyer and shall be subject to the Buyer and/or the Seller notifying ON SALE AUCTIONS LIMITED of a claim in writing (and email shall be sufficient) within the applicable time limits specified in these Conditions, or if no such time limit is specified, within 6 months after the date of the Contract for Sale.
  • • 10.4 The Buyer agrees and acknowledges that the exclusions of liability contained in these Conditions (whether for the benefit of the Seller and/or ON SALE AUCTIONS LIMITED) are fair and reasonable.
    • 10.5 The Seller agrees and acknowledges that the exclusions of liability contained in these Conditions are fair and reasonable.

• 11.1 In relation to each Vehicle entered into an Auction and by ON SALE AUCTIONS LIMITED as Auctioneer, ON SALE AUCTIONS LIMITED warrants to the Buyer that: 8
• • 11.1.1 the Vehicle has been accepted by ON SALE AUCTIONS LIMITED into the Auction in good faith;
  • 11.1.2 the Seller has the absolute right to sell the unencumbered legal and beneficial interest in the Vehicle;
  • 11.1.3 if and to the extent announced by the Auctioneer or disclosed in the Pre-Sale Vehicle Information that a Vehicle’s mileage is warranted, the Vehicle’s mileage indicated by the odometer can be considered accurate. Otherwise, ON SALE AUCTIONS LIMITED gives no warranty as to the Vehicle’s mileage and the Vehicle is sold on the basis that any indication of the Vehicle’s mileage given by the Vehicle’s odometer may be inaccurate. If the Buyer discovers any mileage discrepancies after sale of a Vehicle without warranted mileage, then it is the Buyer’s responsibility to investigate and resolve these, and neither ON SALE AUCTIONS LIMITED nor the Seller accepts any liability in respect of any such discrepancies;
  • 11.1.4 unless the Vehicle is sold and purchased “As Is,” the Auctioneer will announce, and/or the relevant Pre- Sale Vehicle Information will disclose, (if applicable) that the Vehicle:
  • • 1. a) has been treated by an insurance company as a Total Loss;
    • 2. b) has sustained Serious Accident Damage;
    • 3. c) has been used by the police or as a licensed hackney carriage/taxi or private hire vehicle;
    • 4. d) has been re-registered or imported;
    • 5. e) has sustained flood damage;
    • 6. f) has been stolen and subsequently recovered; and/or
    • 7. g) is not in a condition as would allow it to be lawfully used upon the road immediately on its sale in an Auction; and
• 11.1.5 unless the Vehicle is sold and purchased “As Is”, the Auctioneer will announce, or the relevant Pre-Sale Vehicle Information will disclose, details of any major mechanical defect declared in the Entry Data.
• 11.2 In the event of any breach of the warranties set out in Conditions 11.1.1 to 11.1.5, the Buyer’s sole remedy against ON SALE AUCTIONS LIMITED shall be a contractual claim for breach of these Conditions. Any such claim shall be subject always to the limitations on ON SALE AUCTIONS LIMITED’s liability set out in Condition 10.
• 11.3 Except as expressly stated in these Conditions, ON SALE AUCTIONS LIMITED gives or makes no undertaking, representation or warranty with regard to any Vehicle.

• 12.1 If any undertaking, representation or warranty is found to have been given or made by ON SALE AUCTIONS LIMITED in good faith and as a result of:
• • 12.1.1 anything which ON SALE AUCTIONS LIMITED or the Auctioneer is authorised to publish or announce under Condition 3.4 (Entry Data); or
  • 12.1.2 a fair and reasonable description based on the appearance of the Vehicle;
• then such undertaking, representation or warranty shall be deemed to be given or made by the Seller. The Seller shall indemnify ON SALE AUCTIONS LIMITED against all costs, liabilities, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by ON SALE AUCTIONS LIMITED arising out of or in connection with any undertaking, representation or warranty given or made by ON SALE AUCTIONS LIMITED on behalf of the Seller in accordance with this Condition 12.1.

• 13.1 The Buyer warrants and represents to ON SALE AUCTIONS LIMITED that, if it participates in any online Auction, it does so in the course of business and not as a private consumer. Accordingly, the Consumer Contracts (Information, Cancellation and Additional Charges) Protection Regulations 2013, the Consumer Rights Act 2015, any other consumer protection legislation enacted from time to time, or common law relating to consumer protection, or any

• subsequent modification or re-enactment thereof, shall not apply to the sale and purchase of Vehicles pursuant to these Conditions.
• 13.2 The Buyer shall, before bidding on any Vehicle at the Auction, satisfy themselves regarding the value and condition of the Vehicle by inspecting it (if applicable) and/or making such other background checks as a reasonable Buyer would make.
• 13.3 If a cherished registration plate is assigned to the Vehicle at the date of the Auction but is not to be purchased with the Vehicle:
• • 13.3.1 this fact will be disclosed in the Pre-Sale Vehicle Information and/or announced by the Auctioneer; and
  • 13.3.2 the Buyer will be obliged to co-operate in the retention of the cherished registration plate by the Seller.
• 13.4 The Buyer warrants and represents to ON SALE AUCTIONS LIMITED that all information provided by them to ON SALE AUCTIONS LIMITED (whether as part of the Buyer On-Boarding Process or otherwise, and including, but not limited to, proof of identity) shall be true, accurate and complete. The Buyer shall notify ON SALE AUCTIONS LIMITED of any changes or updates to such information as soon as reasonably practicable after any such change or update occurs.
• 13.5 ON SALE AUCTIONS LIMITED reserves the right to suspend or withdraw the Buyer’s account with ON SALE AUCTIONS LIMITED at any time and for any reason, and without being obliged to give any reasons for any such suspension or withdrawal to the Buyer.

• 14.1 The Buyer agrees that if a Vehicle:
• • 14.1.1 is in such a condition (whether by reason of its construction, the state of its brakes, steering, tyres, lighting equipment, reflectors or other parts) that it is unroadworthy or cannot otherwise be used lawfully on a road; and/or
  • 14.1.2 does not have a valid Driver and Vehicle Standards Agency MOT test certificate or plating document or any other document required by law, then the Buyer will not use the Vehicle on any road or remove it under its own power from the place at which it is located at the time of the Auction until it is roadworthy, can be used lawfully on the road and has all necessary documents.
• 14.2 The Buyer shall, on ON SALE AUCTIONS LIMITED’s request, provide a written undertaking (in a form acceptable to ON SALE AUCTIONS LIMITED) to comply with all duties and obligations imposed on them in respect of the Vehicle by the Road Traffic Act 1972, the Health and Safety at Work etc. Act 1974, any subsequent modification of or re-enactment of either Act or by any other legislation affecting the use of the Vehicle. If the Buyer fails to provide such an undertaking upon request, ON SALE AUCTIONS LIMITED shall be entitled absolutely to cancel the Contract for Sale. The Vehicle shall then be offered for sale either during the same Auction, or a subsequent Auction or other sale process.

15 RESCISSION

15.1 The Seller and the Buyer agree that, without prejudice to any other rights or remedies which the Buyer may have against the Seller, ON SALE AUCTIONS LIMITED shall be entitled to, and shall accept a request made by the Buyer to, rescind a Contract for Sale (“Rescission Request”), provided that the conditions set out at Condition 15.2 are met and that the Buyer’s Rescission Request is based on one or more of the following grounds:

15.1.1 the Vehicle has been treated by an insurance company as a Total Loss but this fact was neither disclosed in the Vehicle Pre-Sale Vehicle Information nor announced by the Auctioneer; or

15.1.2 the Vehicle was not sold and purchased “As Is” and:

• a) the Vehicle has sustained Serious Accident Damage but this fact was neither disclosed in the relevant Pre-Sale Vehicle Information nor announced by the Auctioneer; or
• b) the Vehicle was used by the police or was used as a licensed hackney carriage/taxi or private hire Vehicle but this fact was neither disclosed in the relevant Pre-Sale Vehicle Information nor announced by the Auctioneer; or
• c) the Vehicle was re-registered or imported but this fact was neither disclosed in the relevant PreSale Vehicle Information nor announced by the Auctioneer; or
• d) the Vehicle has sustained flood damage but this fact was neither disclosed in the relevant Pre- Sale Vehicle Information nor announced by the Auctioneer; or
• e) the Vehicle was stolen and recovered prior to sale at Auction but this fact was neither disclosed in the relevant Pre-Sale Vehicle Information nor announced by the Auctioneer; or
• f) the Vehicle was not in such a condition as would allow it to be lawfully used upon the road but this fact was neither disclosed in the relevant Pre-Sale Vehicle Information nor announced by the Auctioneer; or
• g) the relevant Pre-Sale Vehicle Information did not disclose, or the Auctioneer did not refer to, a major mechanical defect in the engine, the gearbox, the clutch, the brakes, the steering or the transmission, of the Vehicle but such major mechanical defect exists; or
• h) the relevant Pre-Sale Vehicle Information or the Auctioneer materially misrepresented the mechanical condition of the engine, the gearbox, the clutch, the brakes, the steering or the transmission, of the Vehicle; or
• i) it was announced by the Auctioneer or disclosed in the relevant Pre-Sale Vehicle Information that a Vehicle’s mileage was warranted but such mileage was not reasonably accurate; or
• j) the age of the Vehicle was misrepresented either in the relevant Pre-Sale Vehicle Information or by the Auctioneer.

• 15.2 The conditions that must be met under Condition 15.1 for ON SALE AUCTIONS LIMITED to be obliged to accept a Rescission Request are:
• • 15.2.1 the Buyer has not made any onward sale of the Vehicle;
  • 15.2.2 the Buyer has returned the Vehicle (if applicable) and submitted written notice of their claim to the ON SALE AUCTIONS LIMITED Customer Claims Team (details of which can be found on the ON SALE AUCTIONS LIMITED Website) within the time specified at Condition 15.3, time being of the essence;
  • 15.2.3 when written notice of a claim is given under Condition 15.2.2, the Buyer is not in breach of any obligation as to payment which has by then arisen under Condition 18 (Passing of Ownership of the Vehicle); and
  • 15.2.4 in the opinion of ON SALE AUCTIONS LIMITED, the grounds for rescission, or any of them, specified by the Buyer are substantially correct.

15.3 The applicable time limits for any claim under this Condition 15 are as follows:

• 15.3.1 for claims under Conditions 15.1.1 (undisclosed Total Loss), 15.1.2a) (undisclosed Serious Accident Damage, 15.1.2b) (undisclosed use as a police vehicle or licensed hackney carriage/taxi or private hire Vehicle), 15.1.2c) (undisclosed re-registration or import), 15.1.2d) (undisclosed flood damage), 15.1.2e) (undisclosed theft and recovery prior to sale) or 15.1.2f) (unroadworthy Vehicles), the Buyer must submit notice of their Rescission Request to the ON SALE AUCTIONS LIMITED Customer Claims Team within forty-eight (48) hours after delivery of the Vehicle if the delivery was made by or through ON SALE AUCTIONS LIMITED or within forty-eight (48) hours after collection of the Vehicle in any other case;
• 15.3.2 for claims under Conditions 15.1.2g) (undisclosed major mechanical defect) or 15.1.2h) (material misrepresentation of mechanical condition), the Buyer must submit notice of their Rescission Request to the ON SALE AUCTIONS LIMITED Customer Claims Team within forty-eight (48) hours after delivery of the Vehicle if the delivery was made by or through ON SALE AUCTIONS LIMITED or within forty-eight (48) hours after collection of the Vehicle in any other case; or
• 15.3.3 for claims under Conditions 15.1.2i) (inaccuracy of warranted mileage) or 15.1.2j) (inaccurate age), the Buyer must submit notice of their Rescission Request to the ON SALE AUCTIONS LIMITED Customer Claims Team within five (5) days after delivery of the Vehicle if the delivery was made by or through ON SALE AUCTIONS LIMITED or within five (5) days after collection of the Vehicle in any other case, and details of how to contact the ON SALE AUCTIONS LIMITED Customer Claims Team can be found on the ON SALE AUCTIONS LIMITED Website.

15.4 ON SALE AUCTIONS LIMITED shall have absolute discretion to waive all or any of the conditions set out at Condition 15.2.

15.5 ON SALE AUCTIONS LIMITED shall have no liability to the Seller by reason of the fact that a Contract for Sale has been rescinded pursuant to this Condition 15, except where liability cannot be excluded by Applicable Law.