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WEBSITE TERMS AND CONDITIONS

BID4LOTS.COM LIMITED AUCTION WEBSITE Conditions of Sale Definitions

In these terms and conditions the following words have the following meanings:

• Auction means a collective on-line auction sale conducted through the Website.
• Auctioneer means bid4lots.com Limited (company registration number 5119416) having its principal place of business at Unit 5, Church Farm Business Centre, Church Road, Leckhampton, Cheltenham, GL53 0QJ, the on-line trading arm of Asset Management Services (UK) Limited.
• Bidder means any person, firm or company who has registered to bid at an Auction and has registered a bid or authorised the Auctioneer, using MAX, to bid on his behalf.
• Buyer means the highest Bidder of each Lot.
• Goods means the goods, short details of which are set out on the Website and include any item forming part of the goods, which shall be classified at the Auctioneer's sole discretion as being Class A, B or C Goods.
• A Class Goods. means goods which are supplied unused / boxed and in working order, with the manufacturer's or suppliers warranty where stated.
• B Class Goods. means goods which are supplied unused / boxed and in working order. Further classified as mail-order return / ex-display or ex-demo goods, where packaging may display delivery labels or be slightly damaged.
• C Class Goods. means goods which are supplied used and in working order. Further classified as solely used or refurbished or repackaged goods.
• Lot means any Goods comprised in a lot referred to in the Auction.
• MAX means the absentee bidding facility on the Website which bids on the Bidder's behalf up to a maximum level specified by the Bidder in the Auction.
• Payment means the receipt of cleared funds or of credit/debit card authorisation from the Buyer's bank by the Auctioneer.
• Vendor means the person, firm or company instructing the Auctioneer to sell each Lot and includes the Vendor's agents.
• Website means the website operated by the Auctioneer having the following domain names: www.bid4lots.com, www.bid4lots.co.uk, www.bidforlots.com and www.bidforlots.co.uk.
• Working day means any day, other than a Saturday or Sunday or English bank holiday.

1. These terms and conditions govern the sale by the Auctioneer of each Lot to the exclusion of all other terms and conditions. All warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
2. Except where the context otherwise requires words denoting the singular include the plural and vice versa; words denoting any one gender include all genders; words denoting persons include firms and corporations and vice versa.
3. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without our express written consent.
4. A contract for the sale and purchase of the Goods is formed between the Vendor and the Buyer when (and not before) the Auctioneer notifies the Buyer by e-mail, text message, telephone call or otherwise that the Buyer's bid has been accepted. The Auctioneer reserves the right not to accept any bid.
5. The Auctioneer sells as agent for the Vendor and as such is not responsible for any default by the Vendor or the Buyer.
6. The Auctioneer reserves the right to fix a reserve price for any Lot.
7. The Auctioneer may, at its discretion, or upon the instruction of the Vendor, withdraw any Lot where a reserve has been placed on that Lot, in the event that the highest bid does not meet that reserve.
8. The Vendor and any person authorised by him, including the Auctioneer, may bid for any Lots offered at the Auction.
9. A Bidder may instruct MAX to bid for any Lot offered at the Auction. A Bidder shall be bound by any bid registered by MAX unless such bid exceeds the maximum level specified by the Bidder.
10. The Bidder registering the highest accepted bid for each Lot shall be the Buyer unless such Lot is withdrawn in accordance with Condition 8 *and in the event of any dispute arising between bidders such shall be dealt with in such manner as the Auctioneer may in its absolute discretion determine.
11. The price of each Lot shall be the bid registered by the Buyer inclusive of VAT (if applicable) plus bank charges (if applicable).
12. The Buyer shall effect Payment within 2 working days of being notified of its successful bid.
13. Goods will normally be despatched within 5 working days of Payment unless otherwise indicated on the Website.
14. Goods will be delivered to the address entered by the Buyer on the on-line registration form which must be within the United Kingdom. However, time for delivery shall not be of the essence and neither the Vendor nor the Auctioneer shall be liable for any delay in delivery.
15. Risk of damage to, or loss of, ordered goods shall pass from the Auctioneer to the Vendor at the time of delivery.
16. The Vendor warrants that, at the time of delivery, the Goods will correspond with the description on the Website and the Auctioneer has used all reasonable endeavours to ensure that the description of each Lot is accurate. All other warranties are excluded to the fullest extent permitted by law.
17. Any claim by the Buyer that any Goods fail to correspond with the description on the Website (including, in the case of Goods which are described as A Class Goods or B Class Goods, that such Goods are not A Class Goods or B Class Goods) must be notified to the Auctioneer by e-mail or letter within 2 days from the date of delivery. If the Buyer does not notify the Auctioneer accordingly, neither the Vendor nor the Auctioneer shall have any liability for such failure.
18. If the Buyer makes a valid claim under Condition 18, the Auctioneer on behalf of the Vendor, shall replace the Goods in question free of charge or, at the Vendor's option, refund in full the Buyer's payment in respect of such Goods and shall arrange for such goods at the Vendor's risk to be collected from the delivery address by the Auctioneer's agent and (if applicable) for any replacement Goods to be delivered to the Buyer, but neither the Vendor nor the Auctioneer shall have any further liability for such failure or defect. Such replacement or refund is conditional upon such Goods being returned to the Auctioneer in the same condition as they were sent to the Buyer.
19. Under no circumstances will the Vendor, or the Auctioneer on its behalf, replace or offer a refund in respect of C Class Goods solely by virtue of their condition.
20. Should any third party claim possession or title to all or part of a Lot at any time, the Auctioneer reserves the right to rescind the sale thereof, in which case the Auctioneer on behalf of the Vendor shall refund in full the Buyer's payment in respect of the relevant Goods.
21. Except in the case of death or personal injury caused by the Auctioneer's or Vendor's negligence or in the case of fraudulent mis-statement, the Auctioneer's and the Vendor's liability to the Buyer by reason of any representation or any implied warranty, condition or other term or any duty of common law or under these terms and conditions, for any special, indirect or consequential damage (including, without limitation, loss of profit and loss of business opportunity) is hereby excluded to the fullest extent permitted by law.
22. Health and Safety Legislation and Supporting Regulations It is expressly brought to the Buyer's attention that at the time of sale, each and any Goods referred to on the Website may not necessarily comply with the Health and Safety at Work, etc. Act 1974, Environmental Protection Act 1990 or any form of legislation (including statutory instruments and directives of the European Commission) thereunder governing the use of those Goods. Buyers of any such Goods are hereby required to ensure that the use of any such Goods at a place of work or otherwise does not contravene such legislation. The Buyer confirms to the Vendor and the Auctioneer that it has available to it (either internally or externally) skilled professional and technical advice concerning each Lot and will comply with all such advice prior to using the Goods.
23. Computer Systems Title to any residual software installed on any computer does not automatically transfer to the Buyer and the Buyer shall be responsible for obtaining, at its own cost, any licences applicable thereto. This does not include items of software, which are being sold as separate Lots.
24. Any communication between the Buyer and the Auctioneer shall be by e-mail or first class post to the Auctioneer's current e-mail or postal address (as given on the Website at the time of such communication) or the e-mail or postal address given in the Buyer's registration form (or any new e-mail or postal address which the Buyer may have notified to the Auctioneer by e-mail or first class post).
25. The Auctioneer reserves the right to vary these terms and conditions at any time but, in respect of any Goods, the terms and conditions which apply shall be those which the Buyer accepted at the time the Buyer's bid was registered.
26. The Auctioneer reserves the right to correct any clerical administrative or typographical errors made by its employees at any time.
27. If any provision of these terms and conditions is held by any competent authority to be invalid or un-enforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.
28. The contract formed by the Auctioneer's acceptance of the Buyer's bid shall be governed by English Law and the Buyer submits to the non-exclusive jurisdiction of English Courts.
29. These terms and conditions do not affect your statutory rights.