Auction Terms and Conditions

This document sets out the basis upon which the online auction platform is provided for you to use and set out the terms of use. Through using the platform you are confirming your acceptance to these terms.

 We set out how we intend to conduct the auction and the basis of any information in relation to machines offered for sale by auction. Any machine and their terms that is offered for sale may be subject to change from any standard terms and it is your responsibility to make sure you are aware of all matters that apply.

 1.  GENERAL INFORMATION AND DEFINITIONS
   a) “Auction” refers to an online auction carried out by International Platforms in accordance with the terms of this website.

   b) “Auctioneer(s)” refers to the individual auctioneer from International Platforms having conduct of the auction

   c) “Lot” refers to the legal property being offered for sale

   d) “We”, “Us” or “Our” below and on the website refers to International Platforms.

   e) “You” refers to any potential bidder or purchaser.

   f)  Lots may be added to, or sold prior to and withdrawn from this auction at any time. We will not be held responsible or liable for any loss, cost, claim, demand or damage that you may incur as a result of this.

   g) Guide prices, reserves and any other additional fees and  costs maybe varied at any time.

   h)  The lot, unless stated otherwise, is offered subject to a reserve price.

   i)  No responsibility for any loss, cost or damage that a buyer may incur as a result of relying on any guide price is accepted by the auctioneer.

   j)  Any guide price, reserve and eventual sale price are exclusive of any additional fees and costs a purchaser may have to pay. These additional items include VAT, plus any other amounts the seller may charge such as delivery. Please check all the available information and be aware that they may be fixed, or variable depending on the sale price. If you are not sure as to what you will be paying in addition to the purchase price you should obtain your own independent third-party professional advice.

   k) Any deposit paid upon exchange of contract forms part of the purchase price.

2.  REGISTERING TO BID
   a)  You may access and view parts of the platform without registering your details.  

   b)  You confirm that all information and documents provided to us, in relation to the auction are up-to-date, complete, truthful, accurate and not misleading.

   c)  We will ask the winning bidder to provide to us and/or the provider of the bidding platform services, or any other party providing card payment merchant services in relation to the platform certain information and documentation which may include information allowing us to comply with The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and Proceeds of Crime Act. This comprises of identity and residency verification.

   d)  You agree to the identification documents submitted, where necessary, to be verified via a third party verification platform without additional notification to you and if required provide any additional documentation.

   e)  If you are acting as a bidder who is acting as agent on behalf of another party who is intended to be the purchaser you agree to provide us with all information reasonably required by us to assess whether it’s appropriate to authorise you to bid on their behalf. This will include the appropriate proof of identification for that party and we will need to see written authority issued by the intended purchaser that you may act on their behalf.

   f)  You also agree to provide us with all information reasonably required to identify the source of any funds used to pay if different from either the bidder or purchaser. This may include AML identity documents provided and verified (where necessary via a third party platform)

   g) If you are the winning bidder you:

     i. Agree to the identification documents submitted to be verified via a third party verification platform and where necessary  provide any required additional documentation to us immediately.

     ii. If there is a shortfall in any funds due from you as the successful bidder you agree to pay by cleared funds the full balance immediately, and in any event within 1 week of the end of the auction.

     iii. You agree to bear any fee charged by your bank, debit card provider in respect of any transaction.

     iv. If you as the successful bidder do not pay the balance immediately, or in any event, within 1 week of the end of the auction then International Platforms may treat this as a repudiation of the Contract of Sale for the relevant property/properties and we may reoffer the property for sale and may seek to claim any further losses from you. Where this occurs, you shall have no right to bring any action or claim against us, any of our representatives or any member of the wider corporate group of which International Platforms is part. 

4.  THE AUCTION PLATFORM
   a)  The online auction platform is provided free of charge and is accessible at www.internationalplatforms.co.uk. Access to the platform is permitted on a temporary basis.

   b)  We may use a third-party provider of services such as web-hosting, transaction facilitation and support and maintenance to host and support the operation of the platform.

   c)  We do not guarantee that the platform, or any content will be free from errors or omissions and we are under no obligation to update it. Please note that we may update the platform at any time and this could include updating any content.

   d)  We do not guarantee that the platform, or any content on it, will always be available or be uninterrupted. We at our discretion may suspend, withdraw, discontinue or change all or any part of the platform at any time. 

   e)  We will not be liable if the platform is unavailable for any reason at any time or for any period and will, wherever possible, identify alternative bidding methods.

   f)  You are responsible for making sure that you have working hardware and sufficient internet connection to access the  platform.

   g) You must ensure that all persons who access the platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them. 

5.  LIABILITY OF BIDDER
   a) As the bidder, you will be personally liable in respect of any accepted bid and this applies if you bid as agent or other  representative for another party. You also agree you will be jointly and separately liable under the contract of sale with the  named purchaser on whose behalf you have bid as an agent or other representative.

6.  CONDUCT OF THE AUCTION AND BIDDING
   a)  The auction will be conducted in accordance with these Terms.

   b)  The lot will displayed online and at a planned auction start time, the planned closing time and the extension period.

   c)  The auction will commence at the start time and a countdown clock will display the time until the auction ends. The auction will end at the stated time and date.

   d)  Whilst we will use reasonable endeavours to operate the auction at the set date and time through the platform we reserve  the right to cancel or suspend the auction in the event of a hardware, software, server or internet connectivity failure, or otherwise for any other reason that in our reasonable opinion affects our ability to properly run the auction.

   e)  We shall use our reasonable endeavours to re-list or re-start any affected auction,

   f)  We may cancel or rearrange the auction at our discretion or sell a lot prior at any point before the planned closing time of the auction notwithstanding that the auction has commenced and we shall not be liable to any  person for any loss or damage suffered by reason of the fact that the lot is withdrawn or sold prior, or the auction is not, or    cannot be held at all or at the date and time referred to in the listing.

   g)  It is possible that at any time up to the bidding close time amendments and/or additions may be made to the Conditions of Sale for the lot or any other matters relating to it. Such amendments are published by means of written addendum. You will be deemed to have knowledge of such matters (including for the avoidance of doubt any late addendums that are added) and if your bid is successful you will buy subject to them.

   h)  Our decision on the conduct and outcome of the auction via the platform shall be final.

   i)  If you bid on the machine when the auction opens, you will be able to place bids on the property  listing page in line with the pre-determined bid increment levels, please note a bid submitted outside of these set increment levels cannot be accepted by the bidding platform.       

   j)  Bids once made cannot be withdrawn.

   k)  The highest unique bid meeting or exceeding the reserve price shall be deemed the successful bidder.

   l)  If two or more bidders attempt to lodge identical bids, the first bid received and acknowledged by the platform will take  precedence.

   m) We may refuse to accept a bid in our sole and absolute discretion without notice or providing a reason.

   n) All bidders must appreciate that their offer is binding and that the auctioneer has full legal power to sign the contracts on behalf of the buyer, providing for completion in accordance with the Special Conditions of sale as applicable to that lot.

   o)  International Platforms shall have no liability where a bid fails to be received by the auctioneer or is delayed, or where the bid is made in error for whatever reason.

 7.  PARTICULARS
   a)  The information contained within the Particulars are given in good faith. All descriptions, statements, dimensions, references to condition and permissions for the use and occupation or other details are made without responsibility and should not be relied upon as representation of fact.

   b)  Unless otherwise stated, all prices, rents and other charges are quoted exclusive of Value Added Tax.

   c)  No representation, warranty or undertaking whatsoever is made or intended to be made in respect to:

     i. The machine’s state, condition, repair, permitted or future use or suitability for any purpose whatsoever

     ii. The working condition and suitability for current and future use of any fixtures and fittings or other items expressed to be included in the sale of any property, or whether such items are owned by International Platforms.

   d)  Any measurements stated are approximate only.

   e)   We cannot guarantee any photographs show the up to date condition of the lot at the date of the auction, and no inference should be taken as to the overall condition of the lot from whatever photographs are shown.

   f)    Any statement made as to the lot’s potential for future use, development or refurbishment, or any estimate given as to as to current or future rental values are made purely as the auctioneer’s opinion and are not intended to provide formal advice to any party whatsoever and any such statement should not be relied on by any prospective bidder or purchaser.

   g)  It is your responsibility to check that the particulars of the sale and all other information about a lot are accurate and complete before bidding and you should obtain your own independent professional advice to verify and check matters prior to bidding.

   h)  Bidding at the auction (or making any pre or post auction offer) is only permitted on the basis that you accept that, to the maximum extent permitted by law, we will not be held responsible or liable for any loss, cost, claim, demand or damage that you may incur as a result of the particulars and anything contained or referred to as incomplete, inaccurate, or misleading.

   i)  Neither the auctioneers, nor any person in their employment have any authority to make or give any representation or warranty whatsoever in relation to the auction lot.

8.  CONDITIONS OF SALE
   a)  The lot, unless stated otherwise, is offered subject to the sale conditions comprising these Online Auction Terms and Conditions

   b)  You may only bid in an Auction provided that you accept the Conditions of Sale.

   c)   You do not rely on any information contained in the particulars.

   d)  The successful bidder will be the party who has made the highest unique bid at, or in excess of the reserve price. They will be legally bound by all Conditions of Sale and a Contract for Sale is formed at that point and the successful bidder hereby irrevocably authorises us, at the end of the auction, to sign the sales contract and all other applicable document necessary to give effect to the agreement for sale on behalf of the successful bidder or, as the case may be, on behalf of the purchaser in the event that the bidder is acting as agent for such purchaser.

9.  PROCEDURE ON A SALE AT THE AUCTION
   a)  From the moment the auction ends the successful bidder will be legally bound by all Conditions of Sale and a Contract for  Sale, is formed at that point.

   b)  You agree that the entity bidding on any lot will be the entity entered on to the contract of sale. The entity must be a specifically named entity and not “nominees”, “associates”, “agent” or any other similar term. If you are not the named          purchaser you agree to provide written authority from the purchaser that you are authorised to bid on their behalf,

   c)  You agree to provide all necessary identity and residency verification identification for the bidder, purchaser(s), beneficial owners(s)  in accordance with The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

   d)  If you are not the named purchaser you agree to provide written authority from the purchaser that you are authorised to bid on their Behalf and that we may sign the sales memorandum or reservation agreement their behalf. If this is not provided you agree that your name will be entered onto the sales memorandum or reservation agreement as the purchaser and unless the seller agrees otherwise the property will only be transferred at completion to the purchaser named on the sales memorandum.

   e)  The lot may be at the purchaser’s risk from exchange and you agree that you are aware of the insurance provisions within the Conditions of Sale.

10.  SECURITY
   a)  You warrant and represent that you have authority to use the platform, participate in an auction, bid on a machine and enter into a binding contract to purchase a machine, whether on behalf of another person or purchaser or otherwise.

11.    ANTI-MONEY LAUNDERING COMPLIANCE
   a)  If we have any suspicions regarding the bidder, purchaser and any relevant beneficial owners we have various statutory obligations.

   b)  If funds are sent to our bank in circumstances where we are not satisfied with the evidence in respect of identity or source of funds, we may not be able to utilise or return funds if we are suspicious of the circumstances in which they were sent.

   c)  If we are unable to comply our obligations, or we have suspicions regarding any transaction then we reserve the right to decline any instructions from the bidder, purchaser and/or other relevant person. In such circumstances, we may not be able to return funds to the person from whom they originated or otherwise.

   d)  Any statutory obligations in relation anti-money Laundering and counter-financing of terrorism will override our business relationship with the buyer, purchaser and/or any other relevant person and it may not be possible for us to discuss      these issues with them or disclose the fact that we have taken appropriate action in instance where we are unable to comply our obligations, or we have suspicions.

   e)  We will not be liable to any person in any respect whatsoever as a result of our taking any steps pursuant to any of the preceding provisions, or otherwise in compliance with anti-money Laundering and counter-financing of terrorism legislation.

12.    POST EXCHANGE INSPECTIONS AND KEYS
   a)  You will not be entitled to access the machine until completion of the sale. 

13.  PRIVACY POLICY AND DATA PROTECTION
   a)  Please view our privacy policy to ensure that you are aware of how we use your personal data. Details of our privacy policy can be found at http://internationalplatforms.co.uk.

14.  MISCELLANEOUS
   a)  We do not guarantee that the platform will be secure or free from bugs or viruses. You should use your own virus, malware and any other online threat protection software.

   b)  You are responsible for making your own arrangements to access, send and receive communications or notifications from and in relation to the platform.

   c)  If a successful bidder and/or the purchaser does not comply with the any of the provisions of these, or any of the Conditions of Sale, we and/or the Seller reserves the right to treat that failure as the successful bidder’s repudiation of the Contract of Sale on behalf of the purchaser. In such circumstances, we may have a claim against the winning bidder personally for breach of contract.

  d)  We will be under no liability to the bidder or the purchaser in respect of any loss or damage suffered by the bidder or the purchaser as a result of our exercising our rights under these Terms.

   e)  We cannot guarantee that notifications (including bids) or e-mails sent to us or by us will not be viewed or intercepted whilst en route. The use of Internet e-mail carries certain risks. Confidentiality may be breached, messages may be lost or delayed, or may not be read, and viruses may be transferred through the use of e-mail. We cannot accept responsibility for loss which you suffer as a result of the use of Internet e-mail for communication between us, or between us and third parties.

   f)  We suggest that, when sending a time critical e-mail to us, you telephone to ensure the intended recipient is aware that a message has been sent.

   g)  You are solely responsible for securing and backing any of your content, or records of any communication or notification from or to us in relation to the platform.

   h)  These terms and your use of this website and the platform is governed exclusively by English law and any disputes arising  from or in connection with these terms and any other associated terms and conditions and your use of this website shall be subject to the exclusive jurisdiction of the courts of England and Wales.

   i)  If any provision of these terms or any other of our associated terms and conditions or your use of this website and the platform (or any document incorporating them) or part of any provision is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

   j)  If any provision of these terms or any other of our associated terms and conditions or your use of this website (or any document incorporating them) or part of any provision is found wholly illegal, invalid or unenforceable and not possible of  reasonable modification, that provision or part- provision shall, to the extent required, be deemed not to form part of our agreement with you and the validity and enforceability of the other provisions shall not be affected.

   k)  YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE USE TO WHICH YOU PUT THESE TERMS, THE PLATFORM AND OUR WEBSITE AND ALL THE RESULTS AND INFORMATION YOU OBTAIN FROM IT AND THAT ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, REPRESENTATIONS AND TERMS WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

   l)  Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, we and all contributors to this website hereby disclaim to the fullest extent permitted by law all liability for any loss or damage including any consequential or indirect loss or damage incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use these terms, and any other of our associated terms and conditions and our website, or the platform.

   m) Any employees of International Platforms who carry out our obligations under these Terms do so as representatives of International Platforms and without personal liability.