25 Feb. 2018

Terms and Conditions

Disposal Auctions Terms & Conditions

1st September 2010

This website (www.disposalauctions.com) is provided by Disposal Auctions (referred to as "Seller/we/our/us"). As a user of this website on behalf of the business you represent (referred to as "Buyer/you/your"), you acknowledge that any use of this website including any transactions you make ("use/using") via this website are subject to the terms and conditions below and Disposal Auctions Privacy Policy.

Disposal Auctions is a business to business web site. Our sellers trade with you on the bases that each transaction is made on business to business bases.

1. General

We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
We reserve the right to modify or withdraw this website (or any part) at any time without notice.

By using this website you confirm that you are doing so in the course of business and not as a consumer and have authority to bind any business on whose behalf you use this website.

You agree to ensure that your registration details are up to date and accurate and to update any details when necessary using the My Account page on the website. You agree not to open multiple accounts without prior written consent from us.

We reserve the right in our absolute discretion to refuse any application to register and access the website services and to temporarily or indefinitely suspend any registered members.

You are responsible for keeping your personal user name and password secure and confidential. You should not share, display, disclose or permit your user name or password to be disclosed to any other party.

If you believe that your user name and/or password has become known to another person or you are aware of any breach of security regarding the online services, then you must notify us as soon as possible.

You agree to comply with all applicable laws, statutes and regulations concerning your use of the website.

Disposal Auctions is open to all UK residents aged 18 or older, except employees of Disposal Auctions and their immediate families, agents and affiliates or anyone involved with the site.

2. Online auction

You can only make a bid and use the online auction facility if you have registered on the website. You agree to comply with the Bidding Rules and FAQs and any other instructions and notifications posted on the website from time to time in relation to the use of the online auction facility.

Any bid that you make via this website will constitute a legal offer to buy the product(s) from us. We will notify you by acknowledgement e-mail if your bid wins. This acknowledgement e-mail does not constitute legal acceptance of your winning bid by us. You are responsible to log into your Disposal Auctions account to check for any lots that require payment.

By bidding for a product you agree to be bound by any conditions of sale included in the product description on the website.

Any bid that you submit will remain open for the period specified on the website.

The winning bid in any auction will be the first highest bid that exceeds the reserve price (if any) and meets the conditions that are specific to that auction.

If your bid is successful you will need to contact the seller to arrange payment and collection of your lot. Legal acceptance of your bid will not take place until the seller acknowledges your winning bid and full payment has been received by the seller for the lot (s) / product(s). Dispatch and/or collection is the sellers final confirmation that the transaction is fulfilled.

When you place a bid, then you acknowledge and agree that if you have placed the highest bid and acceptance of your bid takes place in accordance with Section 2.6 above, then you will have entered into a legally binding contract to purchase the product(s).

Disposal Auctions have full discretion to refuse to accept your bid or withdraw any lot for whatever reason at any time. Disposal Auctions shall also have the right in its discretion to cancel or stop an auction at any time, for example, where an error appears on the website in respect of a reserve price.

Where Disposal Auctions is unable to contact you within 3 working days of the closure of the auction and/or at any time that there is a problem with receipt of payment, then Disposal Auctions will be entitled at its discretion to offer the product(s) to the next highest bidder, to re-auction the product(s) or dispose of the items by any other means.

Disposal Auctions are entitled to set applicable minimum bid or reserve prices for product(s) auctioned via the website and shall be entitled to change these at any time during the auction period. If an auction subject to a reserve ends and the reserve price is not met, then no contract to purchase the product(s) will take place.

3. Grades of products

We recommend that you always read the full product listing as on occasions this may contain additional information relating to the condition of the product.

Product(s) for sale usually via the website fall into one of the following categories:

Single Lines:
Single lines are items that contain the same product in each lot. These might be pallets of the same item or lots where you can pick the quantity you require. Each lot description will explain the condition of these items.

Untested Lots:
These lots consist of items that are supplied as returned by the consumer to the retailer or manufacturer. These items could be anything from Brand new boxed stock to distressed broken items. Every item will need to be tested and made fit for resale. As some retailers offer a no quibble returns guarantee the quality of these lots are usually very good.

Refurbished Lots:
Refurbished items have been repaired to the original manufactures specification. Most items will be fully working with the original accessories and packing. Refurbished items will usually show minimal signs of wear and tear. When buying these stocks we recommend that the buyers retest the items before resale.

Spares or Repair:
These products are believed to be faulty and are ideal for spares or repairs.
Unless stated otherwise each lot will come with the same amount of acessories as Untested lots.

Brand New Stock:
Brand new stock means it has never been used by a consumer. These items are usually factory sealed, but may have broken seals and be dated product. Most stock is simply end of line and pulled from the retailers shelves.

Full Loads:
Full loads usually consist of a single container or 40ft lorry. In most cases stock will come direct from the retailer or manufacturer. Each lot listing will give you full details of the grade of product you are buying. When buying these lots it is very important that you have sufficient labour and adequate facilities to unload and handle these loads.

All Products sold by us are sold on the condition that the merchandise will either be repaired, reworked or recycled by the purchaser to allow future resale to an end user. All product is sold on the understanding that it will not be resold as ‘new’ and that any electrical products will be tested by a qualified electrician before resale. To the fullest extent permitted by law, Disposal Auctions and our sellers gives no warranty or representation of any kind, either express or implied, as to the quality, condition or fitness for purpose of the merchandise, nor is any warranty or representation to be taken to have been given or implied from anything said or written in negotiations with our representatives prior to purchase.

By purchasing ‘untested lots’ and/or ‘Spares for Repairs’ through this website you undertake to ensure that either you, or anybody subsequently purchasing some or all of this product from you with the intention of selling these products on to members of the public, fully comply with all current and future Waste Electrical & Electronic Equipment (WEEE) regulations & General Product Safety Regulations (GPSR), and that upon purchase of the merchandise from us you will indemnify us from all obligations with regards to final disposal or resale of the merchandise in line with both WEEE & GPSR regulations and any other such regulations that come into force as part of UK or EU law.

Any retail price does not relate to promotional prices that may have been charged or any clearance pricing. Any pricing information is provided as a guide only and is intended to be indicative of the full retail price when the product was originally sold by the retailer.

No statement made by any person as to the quality or condition of any merchandise on offer is to be relied upon for the purpose of making an offer to purchase.
All merchandise is sold on “not seen" basis. If you do wish to inspect the merchandise offered for sale this may be possible in certain circumstances. In these instances you must contact the seller before making any bid. Where feasible they will endeavour to accommodate your request.

By submitting a bid to purchase the product(s), you acknowledge and agree that you are not an agent of Disposal Auctions and undertake following any purchase to remove any Own Brand markings, brand labels or other identification from the product(s) that identify them as a retailers own brand before submitting the product(s) for resale or otherwise passing to third parties. In particular any Catalogue Number and any other reference to the own brand shall be removed/obliterated before re-sale and you will make no representation of or comparison with prices at which the product(s) have been or are being sold by the retailer.

4. Collection /Delivery

All product(s) are subject to collection. All product(s) must be signed for by an adult aged 18 years or over upon collection.

Collection can only be made by the buyer at a given time and date agreed by the seller. Full payment must be made before any product is released.
No buyer is permitted to use a third party person or courier for collection from our sellers. The buyer is responsible to make payment in person and sign our collection paperwork.
Any deviation from this must be agreed with the seller when making collection arrangements.

Risk of loss or damage of product(s) passes to you on the date when the products are collected. Title and ownership of product(s) will pass when full payment has been processed and received by the seller and the product(s) have been collected.

All stock is sold "ex-warehouse". Staff will provide assistance to load with fork-trucks only unless otherwise specified in the parcel listing. Collection costs and arrangements are the responsibility of the buyer. Stock will usually be on pallets unless specified in the parcel listing. You or your representative will be required to sign an acknowledgment of receipt as the stock is collected.

All merchandise purchased must be collected within 5 working days of payment clearing. Any goods not collected within this time will become subject to charges for storage at the rate of £1 per pallet per day or £1 per lot per day where the lot size is less that one pallet, unless agreed in writing in advance with a representative of the seller.

You must collect all merchandise purchased and no breakdown of pallets/lots will be permitted on the sellers premises.

Delivery can be arranged on your behalf at a cost agreed with the seller.

Any lots are covered by standard RHD conditions. This means in the event of any loss or damage to your pallet and/or parcel that the full purchase price may not be covered by the haulers insurance. All claims will be between you and the haulage company. By agreeing to our terms and conditions you indemnify us from all obligations regarding the transportation of your product.

5. Payment

Payment in full is required to clear before any merchandise can be removed from any stock location.Please be advised payment by cheque is not accepted.

Each lot listing will confirm the method of payment each seller accepts.

The price you pay is the bid price. If we discover an error in the reserve price of product(s) on the website and your bid is below the reserve price, we will inform you as soon as possible. In such circumstances, we will treat the bid as cancelled. If you have already paid for the product(s), you will receive a full refund.

All displayed prices exclude VAT and delivery charges (unless expressly stated otherwise). Please see the website for itemised details of applicable VAT and other charges).

We require payment to be completed within 3 working days of winning an auction. Please ensure if you are paying from a non UK bank account where an administration fee will be charged by the bank, that the cost of this fee is included in this payment. We reserve the right to re-auction if payment is not received in full and within this timescale.

6. Returns

No returns will be accepted and no credit will be allowed for previously undiscovered defects or discrepancies in description. This does not affect any statutory rights that you may have under a business to business transaction. These rights are not excluded or limited under these terms and conditions.

The goods sold on this site are sold as ‘trade’ and as a customer purchasing via this site you are not covered by legislation that protects non trade consumers. Regardless of the classification of the stock parcel on sale, all merchandise sold on this site is sold without any form of warranty or guarantee. Full liability for any future issues with all merchandise will sit with the purchaser from this site and not Disposal Auctions or its sellers. As a perspective purchaser you need to consider these facts before bidding and reflect this in any bid that you make. Unless specifically covered by another term set out within these terms and conditions you will NOT be compensated if products develop a fault after resale by you to a third party or during future usage by you.

Under no circumstances must any product purchased through this site be returned to any retailer (either online or physical location) for an attempted refund or exchange. Any such occurrence will be treated as fraud or attempted fraud by the retailer. In the event of fraud the retailer may proceed with civil proceedings to recover the full cost of the fraud, including all investigation and administration costs. It is your responsibility to explicitly pass this condition on to any customers who purchase any stock from you.

7. Intellectual Property

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

You are not permitted to use any trademarks, logos or service marks whether registered or unregistered without prior written consent. You may not frame or utilise framing techniques that include proprietary information such as images, text or page layout without prior written consent.

In relation to any information, materials or other content that you submit to us via this website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use and reproduce such information, ideas, know-how, concepts, techniques and materials for any purpose, including without limitation the copying, transmission, distribution and publication unless restricted by applicable law.

8. Liability and Indemnity

Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

Subject to Section 8.1 above, Disposal Auctions will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Disposal Actions accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

Subject to Section 8.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 6 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

Subject to Section 8.1 above, Disposal Auctions will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the terms and conditions for any economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or consequential, special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

Notwithstanding the above, subject to Section 8.1 Disposal Auctions' aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.

Disposal Auctions and you acknowledge and agree that unless expressly included in these terms and conditions the requirements of the Electronic Commerce (EC Directive) Regulations 2002 are excluded to the fullest extent permissible by law.

We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

You agree to fully indemnify, defend and hold us harmless immediately upon demand from and against all actions, liability, claims, losses, damages, costs and expenses (including legal fees) we incur arising directly or indirectly as a result of your breach of these terms and conditions.

9. Miscellaneous Provisions

To the extent permitted by applicable law, the contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.

Unless otherwise stated, we have selected our products on the basis that they will be used for domestic use only. If you are planning to use them for business purposes, please make sure that you are covered by appropriate insurance.

We shall be under no liability for any delay or failure to perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by us.

Disposal Auctions reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.

If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

No delay or failure by Disposal Auctions to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Disposal Auctions.

These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations, understandings and agreements between you and Disposal Auctions relating to the use of this website, and sets forth the entire agreement and understanding between you and Disposal Auctions for your use of this website.

We recommend that you print out a copy of these terms and conditions for your future reference.

If you have any questions regarding this website please see the Contact Us web page for more details.

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