EAMA Group Vendor Agreement & Auction Selling Terms

Please read these terms carefully before creating a seller account or listing items for sale through EAMA Group. By registering as a vendor, submitting stock for auction, listing goods or otherwise using our selling services, you agree to be bound by these terms.

1. Definitions

Auction Goods means goods, assets, vehicles, machinery, equipment, stock or other items 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 means the party who buys or bids to buy Auction Goods.

EAMA Group, We, Us or Our means European Asset Management & Auction Group Limited.

Force Majeure Event means an event beyond reasonable control, including natural disasters, industrial action, governmental restrictions, war, terrorism, cyber-attacks, fires, floods, pandemics, infrastructure failures, power failures, strikes, civil commotion, telecommunications failures, internet failures or similar events.

Goods means any goods listed as available as part of an auction.

Seller, Vendor or You means a user who is registered or approved to sell Auction Goods through the Website.

Services means the services provided by EAMA Group, being a trade-to-trade used goods marketplace that allows users to buy and sell goods through online auctions.

Website means the website, auction platform or online system maintained by EAMA Group for the listing, marketing and administration of auctions.

2. EAMA Group’s Role

EAMA Group acts as an intermediary trade auction platform. We advertise Auction Goods, operate the auction process, collect payment from successful Buyers and authorise release of goods once payment has been received.

A contract exists between the Seller and the Buyer for the sale of Auction Goods. EAMA Group is not a party to that sale contract and does not own the Auction Goods unless expressly stated otherwise in writing.

A separate 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 and facilitate the auction process.

A separate contract also exists between EAMA Group and the successful Buyer in relation to buyer fees, payment obligations, auction administration and release authorisation.

3. Why Accurate Listings Matter

Buyer confidence is essential to achieving strong auction results. Sellers must therefore ensure that all descriptions, photographs, disclosures and information supplied to EAMA Group are accurate, complete and not misleading.

Sellers remain responsible for all representations, errors or omissions relating to Auction Goods, including title, condition, specification, history, availability and fitness for purpose.

EAMA Group shall have no liability for descriptions, statements, photographs, errors or omissions supplied by or on behalf of the Seller.

Sellers authorise EAMA Group to issue self-generated invoices, payment requests or sales documentation on their behalf where required for the sale of Auction Goods through the platform.

4. EAMA Group’s Liability To Sellers

EAMA Group’s role is to provide a trade auction platform and administrative auction services. Except where EAMA Group releases Auction Goods before receiving cleared payment, EAMA Group shall not be liable for any direct or indirect loss, damage, loss of profit, loss of opportunity or consequential loss arising from the use of the platform or sale of Auction Goods.

5. Seller Responsibilities

By listing items for auction, Sellers confirm and agree that:

• All descriptions, disclosures, images and representations are accurate and not misleading.
• All material faults, defects, missing parts, history or relevant information have been disclosed.
• All Auction Goods comply with relevant laws and regulations.
• The Seller has legal title to the Auction Goods and authority to sell them.
• The Auction Goods are free from undisclosed finance, charges, encumbrances, liens or third-party claims.
• The Seller will indemnify and hold EAMA Group harmless from any claims, damages, liabilities, refunds, chargebacks, legal costs or expenses arising from the sale of the Auction Goods.
• The Seller will fully reimburse EAMA Group for legal costs incurred in relation to any claim made against EAMA Group in respect of Auction Goods.
• EAMA Group may provide a Seller’s business name and contact details to Buyers where necessary to facilitate collection, invoicing, dispute handling or completion of a sale.

6. Prohibited Items

Sellers must not list or sell illegal, unsafe or restricted items through the platform.

This includes, but is not limited to, weapons, firearms, ammunition, knives other than normal kitchen knives, explosives, drugs, drug-related paraphernalia, cannabis-derived products, CBD products, counterfeit goods, stolen goods, unsafe electrical items, hazardous materials or any goods that cannot lawfully be sold.

7. Withdrawals, Reserves And Bid Acceptance

Once an auction is live, buyers place bids in good faith based on the availability of the item. To protect bidder confidence and maximise future selling prices for all vendors, items may not be withdrawn once they have received a bid and must remain available until the auction has ended, unless prior written consent has been obtained from EAMA Group, if the item has no bids it can be removed from the auction upon request.

For anything other than vehicles and machinery, EAMA Group may accept a bid that falls within 10% below the reserve price unless the Seller has instructed EAMA Group otherwise in writing before the auction begins.

This policy is designed to help Sellers avoid missed sales opportunities where the market has demonstrated genuine demand close to the reserve price.

8. Buyer Responsibilities

Buyers are responsible for carrying out their own due diligence before bidding. This includes viewing the item where possible, reviewing descriptions and photographs, checking suitability, assessing condition and making their own decision on value.

Buyers are responsible for paying within the required timescale and collecting Auction Goods in accordance with the buyer terms.

9. The Website And Auction Platform

EAMA Group is responsible for providing a functional auction platform, managing the auction process, marketing Auction Goods and assisting with auction administration.

EAMA Group will maintain the Website but does not guarantee that it will operate continuously, without interruption or without error.

Sellers accept that the Website is a means of listing Auction Goods for sale and does not guarantee that any item will sell or achieve a particular price.

10. Registration And Commission

All Sellers must register for a Seller account before listing Auction Goods.

EAMA Group reserves the right to refuse, suspend or terminate registration at its sole discretion.

Sellers must keep their account details accurate and must keep passwords confidential. Sellers are responsible for all activity conducted through their account.

The standard Seller commission rate is 20% unless otherwise stated or agreed in writing.

From time to time, EAMA Group may offer a new seller promotion with reduced commission rates. Unless otherwise agreed in writing, promotional commission rates apply for 30 days from the Seller’s registration date.

11. Description Of Auction Goods

Auction Goods are described using information provided by the Seller. EAMA Group may assist with formatting, presentation and marketing, but the Seller remains responsible for the accuracy of all information supplied.

Imperfections may or may not be visible in photographs. Sellers must disclose any known defects, faults, missing parts or relevant information that may affect the value, usability or description of the Auction Goods.

Generic images may only be used where this is clearly stated in the description.

EAMA Group relies on Sellers to confirm that they have unencumbered title to Auction Goods. EAMA Group gives no warranty to Buyers as to the Seller’s title.

Buyers can arrange to view Auction Goods before bidding. Since Auction Goods are available for inspection before a bid is placed, no warranty on condition, description or representation is given or implied by EAMA Group.

Additions and amendments may be made to descriptions from time to time. Buyers are advised to review the description before each bid.

12. Trade Sale, Quality And Fitness For Purpose

All auction sales through the Website are trade-only. By buying and selling items through EAMA Group, the Seller warrants that they are acting in the course of business.

The Consumer Rights Act 2015 and other legislation relevant to consumer contracts do not apply to trade Buyers bidding on items listed on the Website.

Auction Goods are sold on a trade basis. The Seller does not warrant the quality or fitness for purpose of Auction Goods sold, and any statutory or other warranty, condition or description expressed or implied as to state, quality or fitness is excluded to the greatest extent permitted by law.

Buyers agree that all items, including vehicles and machinery, are sold as seen. There is no express or implied warranty that any item is roadworthy, mechanically sound, electronically sound, complete, compliant, serviced, maintained or fit for any specific purpose.

Buyers should anticipate that used trade assets may require repairs, servicing, refurbishment, inspection, testing or maintenance after purchase. Buyers are advised to budget accordingly.

Lot information is provided for convenience only. Buyers agree that they will not rely solely on lot information when deciding whether to bid or how much to bid.

EAMA Group may carry out a basic check on vehicles to confirm they are not recorded as stolen. EAMA Group relies on third-party information and does not warrant that such information is complete, accurate or up to date.

No warranty is given as to a vehicle’s accident history, insurance history, mileage, odometer reading, mechanical condition, electronic condition or roadworthiness.

Sellers remain legally responsible for ensuring that Auction Goods are accurately described and represented. Sellers must not mis-sell goods by providing inaccurate, incomplete or deceptive descriptions, images or disclosures.

13. Collection Of Goods

Buyers will normally arrange collection of goods directly with the Seller unless otherwise agreed.

Sellers must not release any Auction Goods until EAMA Group has confirmed that payment of the relevant invoice, and any previous unpaid invoices where applicable, has been received in full.

This protects Sellers from non-payment, fraudulent collection and avoidable disputes.

If a Seller fails to make Auction Goods available for collection after payment has been made, EAMA Group reserves the right to cancel the transaction and issue a refund to the Buyer.

Where a refund is issued because the Seller cannot provide the goods, the Seller must reimburse any payment already made to them in relation to that transaction.

If cancellations, unavailable stock or collection failures become common, EAMA Group may remove the Seller from the platform and reserves the right to claim for lost auction fees, administrative time and related losses.

14. Refunds Caused By Seller Issues

If EAMA Group is required to issue a refund to a Buyer due to an issue with Auction Goods, including but not limited to the item being counterfeit, defective without adequate disclosure, unavailable, materially not as described, missing, misrepresented or incapable of being supplied, EAMA Group may deduct the corresponding loss of commission and associated costs from the Seller’s future payouts.

This ensures that the cost of inaccurate listings, unavailable stock or failed transactions is borne by the responsible Seller and not by the platform or other vendors.

15. Buyer Non-Payment

If a Buyer fails to settle the full payment within 5 days of the payment request being issued, the Seller may sell the goods elsewhere.

The Seller must notify EAMA Group and obtain approval before reselling goods that have been subject to a winning bid.

16. Abandoned Goods

If a Buyer has paid for goods but subsequently abandons them, fails to collect them or does not cooperate with reasonable collection arrangements, EAMA Group may cancel the contract.

In such circumstances, funds may be withheld and will not automatically be disbursed to the Seller or refunded to the Buyer, if the seller has been paid for the goods the ownership of the goods transfer to EAMA.

17. Delivery, Handling And Additional Charges

Where delivery, loading, handling or other charges are specified in the lot description and payable by the Buyer, EAMA Group may deduct a handling fee equal to 20% of the amount charged.

This fee is charged to the Seller and reflects the administration, payment collection and coordination required in relation to additional charges.

18. Vendor Stock Handling And Warehouse Terms

EAMA Group is an auction platform. Fulfilment, storage and physical stock handling may be managed separately by Retail ABC Ltd or another nominated provider.

Vendors who send stock into a warehouse may incur charges for handling, sorting, storage, labour, loading, photography, listing preparation or related services.

These charges will be discussed and agreed with the Seller’s account manager before delivery where reasonably possible.

If, upon inspection, stock requires more work, handling or resources than initially anticipated, charges may be revised. Sellers will be notified of revised charges and may arrange collection of the goods if the revised charges are not acceptable.

19. Insurance Of Stock

Any stock held in our warehouse or a nominated warehouse is entirely uninsured unless otherwise agreed in writing.

EAMA Group assumes no liability for loss, damage, theft, deterioration, fire, flood, accidental damage or any other incident affecting stock while in possession of EAMA Group, Retail ABC Ltd or any nominated warehouse provider.

Sellers who require insurance for their stock must arrange their own cover before delivering stock.

20. Disposal Of Unsaleable Or Low Value Stock

EAMA Group reserves the right, at its sole discretion, to dispose of vendor stock held in its possession without prior notice where the stock has no realistic marketable value, has remained unsold for an extended period, or would incur labour, handling, storage or processing costs disproportionate to its potential auction value.

This decision may be determined by the auctioneer together with the warehouse manager.

Sellers acknowledge that EAMA Group is not obliged to notify, return or compensate the Seller in respect of such disposal.

21. Use Of The Website

By using the Website, Sellers agree not to copy, download, misuse or disclose confidential information from the Website to any third party.

Sellers must not upload files that contain viruses, corrupted data, malicious code, development scripts or anything that may harm the Website or its users.

Sellers are responsible for their own internet connection, systems, devices and access costs.

22. Non-Circumvention And Buyer Protection

EAMA Group invests significant time and money in building its buyer network, marketing assets and creating sales opportunities for Sellers.

While registered as a Buyer or Seller, and for 6 months after a successful sale, Sellers agree that they will not do business directly with any registered or previously registered Buyer or Seller introduced through EAMA Group without EAMA Group’s written consent.

Sellers must not do anything that interferes with EAMA Group’s relationship with Buyers or Sellers and must not contact or transact directly with Buyers introduced through the platform.

For the period of 9 months after the initial 6-month restriction period, Sellers may do business directly with previously introduced Buyers or Sellers only on the basis that they pay EAMA Group a royalty of 20% of the total sums received from such transactions within 30 days of receipt.

If EAMA Group gives at least 3 Business Days’ notice, EAMA Group or its professional advisers may inspect, audit and take copies of relevant records during Business Hours to verify compliance with this clause.

23. Force Majeure

No party shall be in breach of contract or liable for any failure or delay in performance where such failure or delay results from a Force Majeure Event.

The time for performance of affected 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.

24. Notices

Any notice given under or in connection with these terms shall be in writing and may be delivered by hand, sent by pre-paid first-class post or next-working-day delivery service to the party’s registered office or principal place of business, or sent by email to the receiving party’s published or previously notified email address.

Notices delivered by hand shall be deemed received when left at the proper address.

Notices sent by post shall be deemed received at 9:00 am on the second Business Day after posting.

Notices sent by email shall be deemed received at the time of transmission, or if sent outside Business Hours, when Business Hours resume.

25. Whole Agreement

These terms contain the whole agreement between the parties in relation to the Seller’s use of EAMA Group’s auction services.

Each party acknowledges that it has not relied upon any oral or written representation not expressly set out in these terms and has made its own independent investigations into all matters relevant to it.

26. Third Party Rights

Unless expressly stated otherwise, these terms do not give rise to any rights under the Contracts Rights of Third Parties Act 1999 to enforce any term of this agreement.

27. Arbitration

Sellers agree that all claims against EAMA Group arising at any time in relation to Auction Goods, the Website, the Services, or EAMA Group’s rights, duties or liabilities under contracts with Buyers or Sellers shall be referred to a single arbitrator.

The arbitrator shall be a solicitor admitted in England and Wales and shall be agreed by the parties or, in default of agreement, nominated by the President of the Law Society.

The arbitration shall be conducted in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment of it in force at the time.

28. Proper Law And Jurisdiction

These terms, and any dispute or claim including non-contractual disputes or claims arising out of or in connection with them, shall be governed by and construed in accordance with the law of England and Wales.

Subject to the arbitration clause above, each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction.

29. Severability

If any provision of these terms is found by any court, arbitrator or competent authority to be invalid, illegal or unenforceable, that provision shall be severed and the remainder of the terms shall continue in full force and effect.

If any invalid, illegal or unenforceable provision would be valid, enforceable and legal if part of it were deleted or modified, the provision shall apply with the minimum modification necessary to make it valid, enforceable and legal.