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SELLER / VENDOR TERMS:
**EAMA GROUP SELLER / VENDOR TERMS**
For Bidders Terms CLICK HERE
**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;
- **"Seller" or "You"** means a User who is registered and approved to sell Auction Goods through the Website;
- **"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;
- **"Buyer"** means the party who buys 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 seller and list for Auction Goods, You agree that EAMA has no liability whatsoever for any representations, errors, or omissions regarding the description of Auction Goods, whether you the Seller has title to the Auction Goods, or for the quality or fitness for purpose of the Auction Goods the responsibility is solely yours.
3.2 Sellers agree that EAMA Group is authorised to issue self-generated invoices on their behalf for the sale of Auction Goods through the platform.
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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. SELLERS SHOULD BE AWARE OF BUYERS 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 buyers terms.
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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**
8.1 All Sellers must first register for 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 your account.
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**9. DESCRIPTION OF AUCTION GOODS**
9.1 All Auction Goods are described based on the information provided by you the Seller. We understand that Imperfections may or may not be visible in the provided images or descriptions, and yuo may use generic images as long as specified in the description
9.2 We rely on you the Sellers to confirm that you have unencumbered title to Auction Goods. You agree that EAMA gives no warranty to buyers as to a your title to Auction Goods;
9.3 Buyers can arrange to view Auction Goods before placing a bid. Since Auction Goods have been available for inspection before a bid, no warranty on the 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 you the Seller prior to the auction;
9.4 We understand that 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 selling items, You warrant that You are acting in the course of your business. The Consumer Rights Act 2015, and other legislation relevant to consumer contracts does not apply to the bidders bidding on items listed on our website.
10.2 Since this is a trade auction we understand that you do not warrant the quality or fitness for purpose of Auction Goods sold by you, 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 eloctronically 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 up to 20% of the order value for any necessary post-purchase repairs or maintenance that were not specified in the description;
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; sellers are obligated to provide accurate information and we expect sellers to resolve any such disputes.
10.7 No warranty is given as to a vehicle’s insurance accident history or the correctness of the odometer reading; sellers are obligated to provide accurate information and we expect sellers to resolve any such disputes.
10.8 Sellers acknowledge that although all items sold through EAMA Group are trade sales, they are legally responsible for ensuring that all Auction Goods are accurately described and represented in their listings. Sellers must provide complete and truthful information regarding the condition, history, and any other relevant details of the Auction Goods, and must not mis-sell items by providing inaccurate or deceptive descriptions, images, or disclosures. Any failure by the Seller to advertise items correctly, or any attempt to mis-sell goods, may result in legal liability for the Seller, including potential claims for damages or other legal remedies by the bidder.
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**11. COLLECTION OF GOODS NOT IN POSSESSION OF EAMA GROUP**
11.1 Buyers must make arrangements with the Seller to collect goods directly;
11.2 No Goods should be released by you 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;
11.3 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 to the buyer, the seller must reimburse any payments we have made to them for this transaction, if this becomes a common occurance we will remove you from our platform and we reserve the right to claim against you our loss of auction fees as a direct result of your continuous cancellations of contract.
11.4 If EAMA Group is required to issue a refund to a Buyer due to an unspecified issue with the Auction Goods, such as, but not limited to, the product being counterfeit, defective, not available or not as described (e.g., an engine that does not function), EAMA reserves the right to deduct the corresponding loss of commission from the Seller's future payouts. This deduction shall be applied to cover the commission loss associated with the refunded transaction, ensuring that EAMA Group is compensated for the facilitation of the auction process and that EAMA Group does not lose money on platform fees and admin time.
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**12. TERMS RELATING TO COLLECTION OF GOODS BOTH IN EAMA GROUP’S POSSESSION AND IN A SELLER'S POSSESSION**
12.1 If the buyer has not settled the payment in full within 2 days from the date of the payment request going out, Seller may re-sell the Goods elsewhere however you the seller must notify us first for approval.
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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. FORCE MAJEURE**
18.1 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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**19. NOTICES**
19.1 Any notice given to a party under or in connection with the Contract shall be in writing and shall be:
19.1.1 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
19.1.2 Sent by email to the receiving party's published email address or any email address previously notified.
19.2 Any notice shall be deemed to have been received:
19.2.1 If delivered by hand, at the time the notice is left at the proper address;
19.2.2 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
19.2.3 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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**20. WHOLE AGREEMENT**
20.1 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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**21. THIRD PARTY RIGHTS**
21.1 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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**22. ARBITRATION**
22.1 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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**23. PROPER LAW AND JURISDICTION**
23.1 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.
23.2 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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24. SEVERABILITY
24.1 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.
24.2 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.
24.3 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.
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