2004 MOFFETT MOUNTY M5 20.4 FORKLIFT

IMPORTANT INFORMATION

Please read the information below before bidding as this breaks down the responsibilities of both us as a marketplace and you as a buyer for all auction sales - Please also ensure to familiarise yourself with the full terms and conditions further down below prior to bidding.

1. **Auctioneer Role**: EAMA Group only handles the auction process and collects payment, not the actual sale of items. Any issues with the item must be taken up with the vendor.

2. **Item Descriptions**: We provide item details based on vendor information. Verify descriptions and images yourself, and arrange a viewing if needed.

3. **Errors and Omissions**: We strive for accuracy but aren't liable for errors on our website. Double-check all details before bidding.

4. **Trade Sales**: Our Auctions are not covered by Consumer protection laws.

5. **Registration**: You must register with accurate information before bidding.

6. **Binding Bids**: Once submitted, even if not winning bids can't be withdrawn and are legally binding and enforceable through court.

7. **Final Price**: The winning bid amount plus a Buyer’s Premium (between 5 to 25%) and VAT (20%) makes up the final price. Check each listing under the bidding box for the specific fees.

8. **Account Security**: Protect your account details. You are responsible for any activity on your account.

9. **Valid Bids**: All bids are valid, even if the reserve price isn't met or you are outbid. The vendor may still accept your bid within 48 hours.

10. **No Warranties on Items**: Items are sold as seen with no guarantees on condition. Inspect items thoroughly before bidding.

11. Late Payments and Collection Fees: Payment Requests must be paid within 24 hours. Late payments and collections incur daily surcharges. Collection must be punctual, or additional fees and potential loss of items without refund may occur.

12. This auction is subject to a Non-Circumvention, Non-Disclosure, and Non-Competition clause.

For the competition terms please go to: https://eama.group/pages/competition

 **EAMA GROUP AUCTION BIDDERS FULL TERMS**

 **EAMA GROUP AUCTION TERMS**

**1. DEFINITIONS**  
In these Terms and Conditions, the following words and expressions shall have the following meanings:

- **"Auction Goods"** means goods listed for sale on the Website;
- **"Business Day"** means any day other than a Saturday, Sunday, or public holiday in England when banks in London are open for business;
- **"Buyer" or "You"** means a User who is registered and approved to buy Auction Goods from the Website;
- **"Buyer’s Premium"** means a percentage between 5% and 25%. The exact percentage will be displayed next to the bidding box;
- **"EAMA Group," "We," or "Us"** means European Asset Management & Auction Group Limited;
- **"Force Majeure Event"** means an event including, but not limited to, natural disasters, lockouts or other industrial actions, governmental actions or restrictions, war, terrorism, cyber-attacks, fires, floods, pandemics, infrastructure failures, power failures, strikes, civil commotion, interruptions in electrical or telecommunications services, or delays or failures of the internet or other communication systems necessary for the provision of services;
- **"Goods"** means any goods listed as available as part of an auction;
- **"Seller"** means the party who sells the goods;
- **"Services"** means the products and services provided by EAMA, being a trade-to-trade used goods marketplace that allows Users to buy and sell Goods through auctions;
- **"Website"** means the website maintained by EAMA Group Limited to provide a secure and functional platform for auctions, managing the auction process, marketing, and ensuring that the auction terms are upheld. We will facilitate communication between the Buyer and the Seller where necessary.

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**2. CONTRACTS IN PLACE**  
2.1 A contract exists between the Seller and the Buyer for the sale of Auction Goods. EAMA Group is not a party to that contract and has no liability under it; 
2.2 A contract exists between the Seller and EAMA Group whereby EAMA Group agrees to act as an intermediary platform to advertise the Seller’s Auction Goods on the Website and authorise the release of the Auction Goods once payment has been received from a Buyer; 
2.3 A contract exists between the auctioneer and the successful Buyer, whereby the Buyer must pay the price for the Auction Goods, and upon receipt of payment, the auctioneer must authorise the release of the Auction Goods.

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**3. EFFECT OF EAMA GROUP NOT BEING A PARTY TO CONTRACTS FOR SALE OF AUCTION GOODS**  
3.1 In consideration of being permitted to register as a Buyer and bid for Auction Goods, You agree that EAMA has no liability whatsoever for any representations, errors, or omissions regarding the description of Auction Goods, whether the Seller has title to the Auction Goods, or for the quality or fitness for purpose of the Auction Goods.

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**4. EAMA'S LIABILITY TO SELLERS**  
4.1 In consideration of being permitted to register as a Seller and sell Auction Goods, except in relation to releasing Auction Goods before receiving payment, Sellers agree that EAMA shall not be liable for any direct or indirect loss or damage resulting from any breach of EAMA’s contract with a Seller.

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**5. SELLER'S RESPONSIBILITIES AND AGREEMENTS**  
5.1 By listing items for auction, Sellers confirm that:  
5.1.1 All descriptions, disclosures, and representations of the items are accurate;  
5.1.2 All items comply with relevant laws and regulations;  
5.1.3 They have title to all items, free from any undisclosed encumbrances or liens;  
5.1.4 They will indemnify and hold EAMA Group harmless from any claims, damages, liabilities, or expenses arising from the sale of the items;  
5.1.5 They will fully reimburse all legal costs EAMA Group incurs in relation to any claim made against it in respect of Auction Goods;  
5.1.6 EAMA may provide a Seller’s name and contact details to Buyers.  
5.2 Sellers agree that:  
5.2.1 Items may not be withdrawn from an auction once listed without prior written consent from EAMA Group;  
5.2.2 We may accept any bid that falls within 10% of the reserve price set for an item being auctioned unless otherwise agreed in writing.

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**6. BUYER RESPONSIBILITIES**  
6.1 Buyers are responsible for:  
6.1.1 Conducting due diligence on the items they wish to bid on, including viewing the item, reviewing all provided descriptions, images, and any available reports;  
6.1.2 Arranging payment within the specified time;  
6.1.3 Collecting Auction Goods sold to them in accordance with the terms below.

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**7. THE WEBSITE**  
7.1 We are responsible for providing a secure and functional platform for auctions, managing the auction process, marketing, and ensuring the auction terms are upheld. We will facilitate communication between the Buyer and Seller and provide details of a Seller’s name and contact details upon request by a Buyer or where necessary to conclude a sale.  
7.2 We will maintain the Website, although we do not guarantee that it will operate continuously;  
7.3 Sellers accept that the Website is a means of listing Auction Goods for sale and does not guarantee any sale of Auction Goods.

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**8. REGISTRATION & MARKETING**  
8.1 All Buyers and Sellers must first register for a Buyer’s account or a Seller’s account on the Website;  
8.2 We reserve the right to refuse registration at our sole discretion;  
8.3 You agree to notify us through the Website if your details change;  
8.4 You must keep your password confidential;
8.5 You must not permit third parties to use your login details, you are responsible for any bids placed from your account.
8.6 By registering for an account and participating in auctions on the EAMA Group platform, bidders consent to receive marketing communications, including but not limited to auction reminders, upcoming sale notifications, and special event promotions via email, SMS, or other communication channels.
8.6.1 Users may opt out of marketing communications at any time by following the instructions in the communications received (Users must opt out of texts and emails separately). However, opting out of marketing messages will not affect the receipt of essential transactional emails, including order confirmations, payment requests, and bidding updates.

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**9. DESCRIPTION OF AUCTION GOODS**  
9.1 All Auction Goods are described to the best of EAMA’s knowledge based on the information provided by the Seller. Imperfections may or may not be visible in the provided images or descriptions, and generic images may be used;  
9.2 We rely on Sellers to confirm that they have unencumbered title to Auction Goods. You agree that EAMA gives no warranty as to a Seller’s title to Auction Goods;  
9.3 You can arrange to view Auction Goods where they are located before placing a bid. Since Auction Goods have been available for inspection before a bid, You agree that no warranty, condition, description, or representation on the part of the Seller is given or implied; nor is any warranty, condition, description, or representation implied from anything said by or on behalf of Us or a Seller prior to the auction;  
9.4 From time to time, additions and amendments may be made to the description of Auction Goods, and Buyers are advised to review the description before each bid.

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**10. QUALITY AND FITNESS FOR PURPOSE**  
10.1 All auction sales through the Website are trade-only, and by bidding on items, You warrant that You are acting in the course of your business and not as a consumer; The Consumer Rights Act 2015, and other legislation relevant to consumer contracts does not apply. 
10.2 Sellers do not warrant the quality or fitness for purpose of Auction Goods sold by them, and any statutory or other warranty, condition, or description expressed or implied as to the state, quality, or fitness of the Auction Goods is expressly excluded to the greatest extent permitted by law;  
10.3 Buyers agree that all items including vehicles and machinery are sold as seen, and there is no express or implied warranty that they roadworthy, mechanically or electronically sound, or that they have been maintained in any particular condition;  
10.4 Given that the sale of auction goods is a trade sale, Buyers should anticipate and budget for potential repairs, allowing typically around 20% of the order value for any necessary post-purchase repairs or maintenance that were not specified in the description and a competent person should inspect it prior to use;    
10.5 By bidding for auction goods, Buyers agree that lot information is provided for convenience only and that they will not rely on lot information when deciding whether or how much to bid on any lot;  
10.6 EAMA Group carries out a basic check on each vehicle to confirm it is not stolen. We rely on information from third parties and do not warrant that such information is correct;  
10.7 No warranty is given as to a vehicle’s insurance accident history or the correctness of the odometer reading;  
10.8 Buyers agree that electrical products with battery or plugs will be checked by a qualified person before use.

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**11. BIDDING FOR AUCTION GOODS**  

11.1 The Website contains full details on how Buyers can bid for Auction Goods and the expiry date and time; 
11.2 Bids should only be submitted where You intend to complete the transaction; 
11.3 You agree that bids cannot be withdrawn as, when an auction closes, a legally binding contract between a Buyer and the Seller is formed when a bid is accepted; 
11.4 We do not have to accept the highest bid, and all bids are subject to approval and acceptance by the Seller; 
11.5 All bids are valid, even if at the time of placing the bid, a reserve is not met or You were outbid, as We always submit all bids to the Seller during or shortly after the auction (maximum of 48 hours), and they may agree to accept the bid of a lower bidder based on location or spend history; 
11.6 We reserve the right to reduce or remove the reserve at any time during or shortly after the auction (maximum of 48 hours) at the Seller’s request; 
11.7 The Seller, their agent, or the auctioneer may bid on any lot up to the reserve price; EAMA strictly prohibits the seller, their agent or the auctioneer to bid once the item has hit reserve.
11.8 VAT Zero-Rating for Exported Goods - VAT can only be zero-rated (not charged) on exported goods if the following conditions are met:
11.8.1 Direct Exports (Supplier or EAMA -Arranged Transport)
- The goods must be transported outside the UK by EAMA Group or the vendor.
- The buyer must provide all necessary details for shipping.
- The goods must leave the UK within 2 months of the sale; we will not be held responsible for any delayed shipping regardless of fault.
- The seller must obtain and retain official export documentation, such as:
- Cleared export entry document (departure message).
- Commercial shipping documents (airway bills, bills of lading).
11.8.2 Indirect Exports (Customer-Arranged Transport)**
- If the buyer collects the goods or arranges their own transport for export, VAT must be charged at the point of sale.
- A VAT refund may be issued only if the buyer submits valid proof of export within 2 months and provides a business VAT number.
- Acceptable proof of export includes:
- Cleared export documentation (departure message, SAD form, Goods Departed Message).
- Commercial transport records (airway bills, shipping receipts).
11.8.3 Business vs. Private Buyers
- Businesses (B2B Sales):
- VAT zero-rating may be available if the buyer provides a valid VAT number and proof of export.
- Private Individuals (B2C Sales):
- VAT must always be charged at the point of sale unless the supplier or EAMA directly exports the goods.
- The buyer cannot seek a VAT refund even if they provide proof of export.
11.9 VAT Refunds After Export - If VAT has been charged, a refund can only be issued to a VAT-registered business and only under the following conditions:
11.9.1 Proof of Export Submission
- The buyer must provide official export documentation within 2 months of the sale date.
- Acceptable proof includes:
- HMRC-cleared export documents (SAD forms, Goods Departed Message).
- Commercial shipping records (bills of lading, airway bills).
11.9.2 VAT Refund Process
- Refunds are at the discretion of the seller and not guaranteed under VAT Notice 703.
- If VAT has already been accounted for in the seller’s VAT return, a refund may not be possible, in these cases the bidders should seek to obtain a refund via HMRC directly.
- Late requests (beyond 2 months) will not be considered.
- A 5% administration fee will be applied to all VAT refunds.
11.9..3 Non-Refundable VAT Situations
VAT refunds will not be issued in the following cases:
- Failure to provide proof of export within 2 months.
- Incorrectly documented exports** or missing essential paperwork.
- Requests made after the seller has filed their VAT return.
- If the buyer arranged their own transport and failed to declare the export properly.
- If the buyer is not a VAT-registered business.
- For orders below £1,000 due to the administrative time involved.

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12. CONCLUSION OF THE AUCTION** 

12.1 When the auction has ended, an invoice will be sent to the winning bidder. This must be paid within 24 hours of receipt. Failure to do so will result in an administration fee of £100 plus VAT and surcharges of 5% plus VAT of the full order value per day. The minimum charge is £20 plus VAT per day;
12.2 The final price paid for the lot is the amount of the winning bid, plus the Buyer’s Premium, plus VAT if applicable at 20%, which will be added to the price that You bid. Buyers should review each listing for the specific Buyer’s Premium percentage and the VAT situation;
12.3 Title to Auction Goods will only pass on receipt of cleared funds by Us of our invoice and any previous invoice which remains unpaid by You, and once any other monies due from You have been paid in full.
12.4 To avoid unreasonable charges, if payment has not been received in full within 5 days of the invoice date, we will automatically class this as a breach of contract. In such cases, EAMA Group reserves the right to charge a breach of contract fee equal to our loss of commission (Buyer’s Premium) in addition to the administration fee and the 5 days’ worth of late payment surcharges outlined in Clause 12.1.

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**13. COLLECTION OF GOODS IN POSSESSION OF EAMA GROUP**  
13.1 The Website will confirm whether the Auction Goods are to be collected from Us or directly from the Seller;  
13.2 No Auction Goods will be released until payment, by cleared funds, of our invoice and any previous unpaid invoices, has been made;  
13.3 To collect goods from Us, You must contact Us to arrange a timeslot. Buyers may be turned away if they arrive without an appointment or in an unsuitable vehicle;  
13.4 We may be able to assist Buyers in arranging collection by third-party contractors. You agree that any such delivery service is entirely separate from the contract for the purchase of the goods. EAMA Group does not offer insurance coverage for potential loss or damage that may occur during transport. Consequently, in the event of loss or damage during delivery, You agree that We assume no liability, and no refunds will be provided for any aspect of the order. Buyers are encouraged to contact Us for delivery inquiries, but You agree that it is essential to understand that the responsibility for insuring the goods during transit lies with the Buyer;  
13.5 On arrival, Buyers will be required to provide suitable identification and request a porter to collect the goods;  
13.6 Assistance with loading may be arranged prior to collection. A lift-on fee may apply. You agree that EAMA Group’s liability, in relation to the provision of such assistance, is excluded to the greatest extent permitted by law;  
13.7 Where goods are sold on a pallet, it is the Buyer’s responsibility to take everything on them, including the pallet wrap and any rubbish, to avoid a clean-up charge of £10 plus VAT per item left;  
13.8 Buyers agree that EAMA Group will not be responsible for any loss or damage to goods in transit by third parties.

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**14. COLLECTION OF GOODS NOT IN POSSESSION OF EAMA GROUP**  
14.1 Buyers must make arrangements with the Seller to collect goods directly;
14.2 No Goods will be released by the Seller until We have confirmed that payment of our invoice relating to the Goods and any previous unpaid invoices has been made in full;
14.3 If a Seller fails to make Auction Goods available for collection after payment, We reserve the right to cancel the contract for the sale and issue a full refund.
14.4 You agree that We shall have no liability whatsoever and your only remedy in relation to such a breach of contract is against the Seller .
14.5 If a Buyer agrees to an alternative arrangement directly with the Vendor (including but not limited to adjustments, replacements, or price reductions), such an agreement is strictly between the Buyer and the Vendor. EAMA Group shall have no involvement, liability, or obligation to intervene or facilitate further. By accepting and proceeding with the alternative arrangement, the Buyer agrees that the matter is resolved in full, and no refunds, claims, or disputes will be entertained by EAMA Group after the item has been collected.

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**15. TERMS RELATING TO COLLECTION OF GOODS BOTH IN EAMA GROUP’S POSSESSION AND IN A SELLER'S POSSESSION**  
15.1 If our invoice has not been settled in full within 2 days from the date of receipt, You agree that the Seller may re-sell the Goods and that You will compensate the Seller for any losses it may have suffered, including legal costs and other expenses in full;  
15.2 If You do not collect Auction Goods for which You have paid for within 2 days of a specified collection date, You agree, at our option:  
15.2.1 To pay storage charges from day 3 of 10% of the value of the Auction Goods per day plus VAT or £100 per day plus VAT, whichever is greater; or  
15.2.2 That title in the Goods will revert to EAMA without any refund of the purchase price of the Auction Goods being payable to You.

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**16. USE OF THE WEBSITE**  
16.1 By using the Website, all users agree that they must not disclose any information about or set out on the Website to any third party;  
16.2 All users agree that:  
16.2.1 They will not copy or download any of the contents of the Website;  
16.2.2 They will not upload files to the Website that contain a virus and/or corrupted data and/or development code or scripts;  
16.2.3 The costs of connecting to the internet to access the Website are the responsibility of the users.

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**17. RESTRICTIONS**  
17.1 You agree that while You are registered as a Buyer or seller for 3 months (the “Initial Restriction Period”) after your registration has ceased:  
17.1.1 You will not do business directly with any registered or previously registered Sellers or buyers;  
17.1.2 You will not do anything that may interfere with EAMA Group’s relationship with those Sellers or buyers;  
17.1.3 You will not contact or do business directly with a Seller or buyer.  
17.2 We agree that for the period of 9 months after the Initial Restriction Period, You may do business directly with any registered or previously registered Sellers or buyers, in consideration of your agreement to pay EAMA Group a royalty payment of 20% of the total sums You pay to such Sellers for any transaction.  
17.3 If We give You at least 3 Business Days' notice, We or our professional advisers may, during the hours of 9 am to 5 pm on Business Days, inspect, audit, and take copies of relevant records and other documents as necessary to verify compliance with the terms and conditions of this clause.

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**18. FEEDBACK & CONFIDENTIALITY **  
18.1 EAMA Group encourages all customers to provide feedback on our service to help us improve. If you have any issues, you must contact us directly to resolve them. We reserve the right to take appropriate action if any feedback is found to be false, misleading, or damaging, including the right to seek financial damages for any losses suffered by our company as a result of such feedback.
18.2 Feedback related to services provided by Sellers on our platform should be directed at the Sellers directly and not publicly associated with EAMA Group. Any feedback relating to Sellers posted on EAMA Group’s public profiles is a breach of these terms. Should you leave such feedback on our profiles, EAMA Group reserves the right to seek legal action for its removal, including the right to seek financial damages to compensate for any reputational harm caused by the feedback as outlined in clauses 18.5.
18.3 Customers agree not to publish, or cause to be published, any negative, misleading, or defamatory statements about EAMA Group on any public platform, especially when:
18.3.1 Feedback pertains to issues or services that are the responsibility of the vendor, as defined in these terms.
18.3.2 Feedback as a result from you misunderstanding or dissatisfaction with EAMA Group’s specified terms, including but not limited to “sold as seen” conditions, inspection responsibilities, or warranty exclusions. Our responsibilities and limitations are clearly outlined in these Terms, and any failure to review or understand these terms should not result in negative feedback attributed to EAMA Group.
18.4 All details related to any order, including but not limited to item descriptions, seller information, transaction details, communications, and any associated pricing, shall be considered confidential. Bidders and buyers agree not to disclose, publish, or share any details related to their orders in any public forum, including but not limited to online reviews, social media, and third-party platforms.
18.5 The restrictions outlined in Clauses 18.2, 18.3 and 18.4 shall apply for a period of 24 months from the date of the transaction.
18.6 In the event of a breach of this clause, the breaching Party shall be liable to pay the non-breaching Party a reasonable and pre-estimated compensation fee of £2,500 + VAT, representing the very minimum anticipated harm and administrative costs associated with addressing the breach. This fee is to be paid within 2 days of notification of the breach - EAMA reserves the right to pursue further reputational damages beyond this amount.

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**19. FORCE MAJEURE**  
19.1 No party shall be in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from a Force Majeure Event. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for 4 weeks, the party not affected may terminate the Contract by giving 14 days' written notice to the affected party.

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**20. NOTICES**  
20.1 Any notice given to a party under or in connection with the Contract shall be in writing and shall be:  
20.1.1 Delivered by hand or by pre-paid first-class post or other next-working-day delivery service at its registered office (if a company) or its principal place of business (in any other case); or  
20.1.2 Sent by email to the receiving party's published email address or any email address previously notified.  
20.2 Any notice shall be deemed to have been received:  
20.2.1 If delivered by hand, at the time the notice is left at the proper address;  
20.2.2 If sent by pre-paid first-class post or other next-working-day delivery service, at 9:00 am on the second Business Day after posting; or  
20.2.3 If sent by email, at the time of transmission or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.

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**21. WHOLE AGREEMENT**  
21.1 Each party acknowledges that these Conditions contain the whole agreement between the parties and that it has not relied upon any oral or written representation made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.

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**22. THIRD PARTY RIGHTS**  
22.1 Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

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**23. ARBITRATION**  
23.1 Buyers and Sellers agree that all claims against EAMA Group arising at any time in relation to Auction Goods and/or its rights, duties, or liabilities under contracts with Buyers or Sellers shall be referred to a single arbitrator, who shall be a solicitor admitted in England and Wales. The arbitrator is to be agreed upon by the parties or, in the absence of agreement, to be nominated by the President of the Law Society, in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment of it in force at the time.

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**24. PROPER LAW AND JURISDICTION**  
24.1 The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.  
24.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

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25. SEVERABILITY
25.1 If any provision of these Terms and Conditions is found by any court or other competent authority to be invalid, illegal, or unenforceable for any reason, such provision shall be severed, and the remainder of the Terms and Conditions shall continue in full force and effect.
25.2 The invalidity or unenforceability of any provision shall not affect the validity of the remaining provisions, which shall be construed and enforced as if the invalid or unenforceable provision had never been included.
25.3 If any invalid, illegal, or unenforceable provision would be valid, enforceable, and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to make it valid, enforceable, and legal.