Closes: Friday 29th Nov 2024 at 12 pm

Online Auction: Terms and Conditions

These terms and conditions, together with the general Terms and Conditions of use for the website, www.AMS.uk, set out the rules by which this auction shall be run and the terms and conditions applicable to your participation in the auction available under the domain name https://ams.uk/auction.cgi?auction=2661 (the “Site”). 

By placing a bid you agree to these terms and conditions and those incorporated by reference.  For the avoidance of doubt, these terms apply to the exclusion of any other terms and conditions. 

1. Auction and Machine

1.1 In order to raise funds for the National Society for the Prevention of Cruelty to Children (Charity number 216401) (the “Chosen Charity”), J.C.B. Sales Limited (“JCB”), through Asset Management Services (UK) Limited (“AMS”) as JCB’s agent, are putting up for e-auction (“Auction”) through the Site a JCB 4CX Backhoe Loader, CE marked, Stage 5, 4.8 litre, 81kW (109hp) engine (with an English only language pack), further details of which are set out on the Site (“Machine”).  

1.2  This Machine has been used as a static display vehicle with nominal hours (below 25) on the clock.  The Machine has campaign specific decals on (as shown on the Site) which will not be removed or re-designed by JCB in any way.  JCB shall not convert the Machine to meet any other country legislative or standard requirements.  The Machine will, however, given that it has never been retailed, be provided with the benefit of a standard JCB manufacturers 12 month warranty (see clause 11).

1.2 JCB is a private limited company incorporated in England and Wales with registration number 00792807 having its registered office at Lakeside Works, Rocester, Staffs, ST14 5JP UK.

2. Legal capacity

2.1 Only individuals or entities who can lawfully enter into and form contracts under applicable law may bid for and buy the items in the Auction.  When bidding as an individual, you must be at least 18 years of age (or such other age, if greater, as may be required for us to lawfully contract with you in the jurisdiction in which you are resident).  If you are bidding on behalf of a business entity, you represent and warrant that you have authority to bind that entity to all terms and conditions.  Without prejudice to your warranty, we reserve the right to ask you for written authority from the business entity before registering any business entity as a bidder in the Auction.

3. Legal status of bids

3.1 Each placement of a bid will constitute a legal offer and shall be binding. As such, the bid may not be withdrawn after it is placed (other than in exceptional circumstances as determined solely by JCB) and may be accepted as the winning bid at any time at which time you as the winning bidder would have a legal obligation to complete the purchase of the Machine.  As a buyer, you must ensure that you are legally able to bid for and have sufficient funds to cover the cost of your bid and make payment.

3.2 Further to clause 3.1 above, you acknowledge that each bid made by you may be valid for a period of up to one calendar month, subject to early closure or extension of the Auction by JCB in accordance with clause 4 below.

3.3 As set out in clause 5.5 below, all bids will remain valid until payment for the Machine has been received by JCB as a contract will only be concluded on the date that payment is taken.

3.4  There is a minimum price below which we reserve the right not to sell the Machine.  If the Auction ends and such reserve price is not met JCB is released from any obligation to complete the transaction.

3.5  You acknowledge that there is no right to cancel the purchase of the Machine that you have purchased through the Auction and that the Consumer Protection (Distance Selling) Regulations 2000 do not apply.

4. Registration

4.1 You will be required to pre-register on the Site in order to place a bid.  You will then receive a link by way of an email that you will need to click in order to validate your registration.  Personal data obtained from you will be used to administer the Auction, to contact you in connection with the Auction and to administer any winning bid.  Personal data shall also be used as detailed in Clause 13.  The privacy policy set out on www.AMS.uk shall otherwise also apply however AMS shall also disclose data submitted to JCB in connection with the administration of the Auction.  JCB’s privacy policy is available at www.jcb.com.

4.2  You warrant that all the information supplied to us is true and accurate.  You agree not to impersonate any other person or entity or use any false name.

4.3 If you bid then you have personal responsibility to us under these conditions. It is possible, however, for you to bid in the name of a duly incorporated company and by doing so you represent that you have authority to bind that entity.

4.4 Without limiting any other remedies, JCB and/or AMS may suspend or terminate your ability to bid or cancel any contract with you if you are the winning bidder if:

- it is suspected that you are engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site;

- you are in breach of these Terms and Condition or the documents incorporated by reference;

- despite reasonable endeavours information provided by you is unable to be authenticated;

- it is believed that your actions may cause us financial loss or legal liability;

- any applicable law prevents the sale of the Machine to you, including but not limited to any export control or sanctions legislation;

- for repair or maintenance work or in order to upgrade or update the Site and Account system; or

- JCB and/or AMS ceases to operate the Online Auction or any part of Online Auction for any reason whatsoever.

5. Bidding Process

5.1 Bids will not be accepted unless they are at least £250 higher than the current highest bid. No attempt by you to place conditions on bids will be valid.

5.2 To be the winning bid in an Auction, the bid must be the highest bid that exceeds the reserve price and must meet any other conditions which may be specific to the Auction (“Winning Bid”). If additional conditions apply, they will be published alongside the description of the Machine prior to the commencement of the Auction.

5.3 If your bid is followed by a higher bid which is later removed by JCB and/or AMS for any reason, it will be open to JCB to accept your bid, as though the higher bid had never been made.

5.4 If your bid is successful, AMS will notify you using the contact details you provide during the bid process to confirm the amount of the Winning Bid and details of the relevant Machine, and to discuss with you the arrangements for completion of the transaction.    

5.5 If AMS are unable to contact the initial winning bidder within two (2) calendar days or there is a problem with payment of the Winning Bid, the Machine may be offered to the next highest bidder and so on. When full payment has been received, the relevant Auction will close and all unsuccessful bids will lapse.

5.6 JCB and/or AMS reserves the right to refuse or remove bids in its absolute discretion.

5.7 The Auction close to bids at 12.00hrs GMT on 29 November 2024. Subject to time extensions, If a bid is placed in the last 5 minutes the lot will continue for a further 5 minutes until no further bids are placed.

5.8 The Auction may close early or be extended at any time.  The Auction may be cancelled or delayed for any reason including because of, amongst other things, technical difficulties.

5.9 Further to clause 5.8 above, if an Auction is cancelled for any reason and subsequently re-activated, all previous bids will lapse and bidding will recommence.

5.10 JCB will not make a bid itself although its employees and agents may independently place a bid if they wish.

6. Machine

6.1 The Machine bought at an Auction is non-refundable and non-exchangeable, save as set out in clause 11 below, and winning bidders cannot claim any cash or other alternative to the lot they have won.

6.2 You acknowledge that the Machine may differ from the photographic images displayed on this website.

6.3 You acknowledge that all information that is provided as a description of the Machine is reproduced in good faith.

7. Payment

7.1 The transaction of the sale and purchase of the Machine shall be facilitated by AMS on JCB’s behalf and AMS will raise an invoice for the amount of the Winning Bid together with any applicable VAT or sales tax.  Payment of such invoice must be received by AMS within 7 calendar days of the date of invoice.    Unless otherwise agreed by JCB, JCB will not release the Machine until it has confirmation that clear payment of the full balance of the Winning Bid has been received.

8. Currency

8.1 The Auction will be conducted in Pounds Sterling and payment must be received in pounds Sterling, unless otherwise expressly agreed in writing. 

9. VAT and Costs

9.1 In addition to the bid price, the winning bidder shall be responsible for the payment of any applicable VAT, taxes and delivery costs (including any import and export duties). 

10. Passing of possession of the Machine

10.1 The supply of the Machine to the winning bidder shall be on an Ex Works (Incoterms 2020) basis, JCB World Headquarters, Staffordshire, England and you are liable to arrange transportation and any required licences or approvals for export.  

10.2  You acknowledge that the amount of the Winning Bid excludes the delivery cost.  Neither JCB nor AMS will have any obligation to clear the goods for export or import, pay any duties or carry out any customs formalities.  Full arrangements for delivery shall be made by the winning bidder. 

10.3 Neither JCB or AMS shall be liable for any duty, taxes or seizure costs incurred during delivery of items.

10.4 A signature may be required upon the handing of possession of the Machine to you or your logistics provider.

10.5 In the event that the Machine is not made available for collection by you on the dates agreed or otherwise delivery does not occur  for whatever reason, you agree that your sole remedy will be to receive a refund of any payment made by you in respect of the Winning Bid.

10.6 Ownership of the Machine will transfer when payment has been made in full and the Machine has been collected by you (or your named carrier as applicable).

11. Machine Warranty

11.1  The Machine is provided with the benefit of JCB’s 12 month warranty with the exception that it is not new and unused.  Any other conditions or warranties of description, quality, fitness for purpose or condition, implied by statute or common law are excluded to the fullest extent permitted by law.

11.2  You acknowledge and agree that you will not be entitled to either a refund of the amount of the Winning Bid, or an exchange of Machine, in the event that you should decide that you no longer want the Machine.  The contract may not be cancelled by you.

12. Liability

12.1 Endeavours have been made to ensure that the information and other material on the Site are correct and complete, but no liability is accepted (except as set out below) for any errors in or omissions from the Site.

12.2 All reasonable efforts will be made to correct errors and omissions as quickly as practicable after being notified of them.

12.3 Except as specifically set out in this Agreement, neither JCB nor AMS makes any representation and each expressly excludes all conditions or warranties, expressed or implied, including (but not limited to) the availability, quality, timeliness, performance or fitness for a particular purpose of any of the items available, to the full extent permitted by English law.

12.4 Whilst reasonable steps shall be made to make the Auction service reasonably available, this will be outside of direct control. No responsibility is therefore accepted for interruptions to the service or otherwise for its availability or for viruses, security, unauthorised access, accuracy, suitability, operation or otherwise in respect of the service. The service is available for your use on a strictly "as is" basis, and, to the extent that able to do so at law, each of JCB and AMS exclude and disclaim all statutory, common law and any other implied terms and conditions. Without limitation, no responsibility is accepted for the direct or indirect consequences of any failure or delay of the service to receive or to display bids or regarding the withdrawal of bids.

12.5 Neither JCB nor AMS shall in any circumstances be liable in contract or tort (including negligence and breach of statutory duty) for any indirect or consequential loss or any economic losses (including, without limitation, loss of revenue, profit, contracts, business or anticipated savings), howsoever caused or arising in connection with this Agreement or your use of this website, or items purchased by you.

12.6 Without prejudice to any of the foregoing, you agree that liability under this Agreement and the sale of the Machine shall be limited for direct loss up to a maximum total of the amount of the Winning Bid.

12.7 Nothing in this Agreement shall purport to exclude liability for death or personal injury where such has been caused by the negligence or for fraudulent misrepresentation.

13. Publicity

13.1 By placing a bid, you consent to take part in any publicity accompanying or resulting from this Auction and if you are the winner for your name and town to be used for publicity purposes by JCB and the Chosen Charity in printed and/or online formats. Such publicity may include a photoshoot at a date and place to be agreed.  Please also note that the winning bidders name (No further details will be provided) may also be obtained by any person who requests the information up to 30 days after the closing date.

 

14. Assignability

14.1 You shall not assign, transfer sub-license, mortgage charge or otherwise dispose of any of its rights, interests or obligations under this Agreement to any person or organisation.

15. Severability

15.1 If any provision of this Agreement shall be prohibited by or adjudged by a Court to be unlawful void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other circumstances or the validity or enforcement of this Agreement.

16. Third Party Rights

16.1 This Agreement does not create or confer any right under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is not a party to this Agreement.

17. Limitation

17.1 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in relation to an Auction or these terms and conditions must be filed within one (1) year after such claim or cause of action arises or be forever barred.

18. Jurisdiction

18.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall be courts of competent jurisdiction. The Auction that is carried out on this website shall be deemed to be performed in England.

19. Notices

19.1  Unless otherwise explicitly states, notices to JCB must be sent by first-class post or registered mail to its registered office address at Lakeside Works, Rocester, Uttoxeter, ST14 5JP; addressed to the Legal Department or by email to legal.info@jcb.com.

Access to and participation by you in an Auction is confirmation that you have understood and accepted the above Terms and Conditions and all other terms and conditions referred to.