These conditions are governed by and construed in accordance with the laws of England and Wales . You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
Lotsurf.com is a trading name for Fairfield Industries Ltd . and acts as its Internet auction outlet.
This website is owned and operated by Fairfield Industries Ltd, Bowesfield Crescent, Stockton-on-Tees, TS18 3HJ, United Kingdom, VAT reg number GB 497 5064 06
If you use the Lotsurf website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure, and should inform Lotsurf immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be free of errors. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Lotsurf.com grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Lotsurf.com. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website of its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Lotsurf.com and its affiliates without express written consent. You may not use any meta tags or any other „hidden text” utilising Lotsurf.com’s or its affiliates’ names or trademarks without the express written consent of Lotsurf.com. Any unauthorised use terminates the permission or license granted by Lotsurf.com.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of Lotsurf.com as long as the link does not portray Lotsurf.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Lotsurf.com logo or other proprietary graphic or trademark as part of the link without our express written consent.
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Lotsurf.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
2.The Auctioneer may at its discretion or upon the instruction of the Vendor:
(a) Alter or withdraw all or any lots referred to in this auction up to the moment at which the auction ends.
(b) Where a reserve has been placed on any lot, withdraw that lot in the event that the highest bid price does not meet the reserve.
(c) Bid for any lot or lots offered for sale at the Auction on behalf of a registered bidder.
3.Each lot shall be sold to the highest bidder and in the event of any dispute arising between bidders such dispute shall be dealt with in such manner as the Auctioneer may in its absolute discretion determine.
4.Bidding shall be regulated by the Auctioneer in such manner as it may think fit and, without prejudice to the generality of the foregoing the Auctioneer may without ascribing any reason therefore, refuse to accept any bid or may itself bid for the lot in question on behalf of any third party. Each bid placed on the Lotsurf system will increase the length of bidding time for that Lot in order to create a fair and level bidding environment.
5.The Buyer will pay to the Auctioneer a Premium of 16% on the „Hammer Price” to which will be added Value Added Tax at the current rate. The Premium is not negotiable and is payable by all purchasers. The Auctioneer, when acting as Agent for the Vendor, may also receive Commission from the Vendor
6.(a) Immediately following the „fall of the hammer” (the end of the bidding time for a particular lot) the Auctioneer reserves the right to require in cash or in whatever form the Auctioneer may agree 25 per cent of the price of each lot which it has purchased. Deposits paid hereunder shall be held by the Auctioneer as general deposit for all lots purchased by the Bidder in the auction.
(b) The balance of purchase monies due will be paid to the Auctioneer on or before the date specified in the Notice to Purchasers.
(c) All lots will be cleared by the Bidder from the premises from which they are sold (subject to the conditions set out in paragraph 7 hereof) not later than the time and date specified in the Notice to Purchasers and this condition shall be of the essence of the contract.
(d) Should the Bidder fail to comply with any of the foregoing requirements the lot or lots which have been sold to him or any part thereof may be reoffered for sale, destroyed or otherwise disposed of by the Auctioneer in any manner as it shall in its absolute discretion deem fit, and any deposits paid shall be forfeit.
(e) Without prejudice to any claims that the Auctioneer and/or the Vendor may have against the Bidder for breach of contract or otherwise the Bidder will become liable from the expiration of the time referred to in Paragraph 6(c) hereof for all storage, security and administration expenses and the cost of and incidental to re-selling and/or otherwise disposing of uncleared items.
7.(a) The Bidder will only remove lots from the Vendor’s premises by previous arrangement with and subject to the supervision of the Auctioneer or its appointed representative. The Auctioneer requires that any disconnection of any lot from the main electricity supply shall be undertaken by a fully qualified electrician at a point below the junction box.
(b) The Bidder will not be permitted to remove any lots it has purchased from the Vendor’s premises until all sums due in respect thereof have been paid and received in full into the Auctioneer’s bank account.
(c) If in the Auctioneer’s opinion removal of any lot or part thereof will be likely to cause serious damage to the Vendor’s premises or any other damage which the Bidder is either unable or unwilling to rectify the Auctioneer may by notice to the Bidder rescind the sale of such lot (returning the purchase money to the Bidder) or permit the removal thereof from the premises to proceed subject to such conditions as it may think fit to impose pursuant to paragraph 8 hereof.
(d) Should any third party claim possession of or title to all or part of a lot prior to its removal from the Vendor’s premises the Auctioneer reserves the right to rescind the sale thereof or to permit the removal thereof from the Vendor’s premises subject to such conditions as it may see fit to impose.
8.The Bidder will be responsible for all damage that it, its carriers or its agents may do to the property of any third party (and in particular, to the Vendor’s premises) in removing the lot(s) it has purchased. Should the Auctioneer consider such damage likely to occur, it may require the Bidder to deposit such sum of money with the Auctioneer, by way of security for the costs of reinstating that part of the premises likely to be damaged by the removal of a lot, as the Auctioneer may require. Should the Bidder refuse to deposit such monies, the Auctioneer may refuse the Bidder access to the Vendor’s premises for the purpose of collecting all or any of the lots it has purchased, or rescind the sale of such lot pursuant to Clause 7 (c) above.
9.(a) The Bidder is on risk once the „hammer falls” and is strongly advised to effect insurance at once. Upon the „fall of the hammer” the Bidder shall assume all risks in and relating to such lots. The Bidder is advised to effect in respect of all such risks arising thereafter any insurance it may consider necessary. The duty of the Auctioneer and/or the Vendor to deliver lots shall be deemed performed upon the „fall of the hammer” even if a lot is subsequently damaged and/or part thereof has been lost.
(b) Property in each lot shall not pass to the Bidder until
(i) full payment therefore has been made, and
(ii) each such lot has been removed from the premises in its entirety.
10.The Vendor and the Auctioneer shall not be liable in respect of any claim whether in Contract or in tort (other than claims in respect of injury to persons arising out of the negligence of the Vendor or Auctioneer) by the purchaser arising out of or in, any way in connection with the sale or purported sale of all or any of the goods for any sum exceeding the amount of the deposit or purchase price paid by the Purchaser in respect of the goods and subject of the claim.
11.The Auctioneer has used its best endeavours to ensure that the descriptions of each lot are accurate but the Bidder relies upon such descriptions at its own risk. The Bidder is advised to inspect any lots for which it intends to bid to verify the accuracy of the description. No lots are sold as new. The Auctioneer on its own behalf and on behalf of the Vendor, hereby excludes all liabilities for any loss or damage or injury sustained by the Bidder, as a result of or in connection with a defect in any lot purchased, a misdescription thereof, the failure thereof to fulfil the functions of which they were intended by the Bidder or any damage or loss occasioned thereof prior to the same being removed from the Vendor’s premises but after the passing of risk therein pursuant to Clause 9(a) hereof. The Auctioneer does not warrant the Vendor’s title to any lot and the latter will be sold with such title as the Vendor may have.
12.The price at which the Bidder purchases each lot will be exclusive of Buyers Premium and VAT. Where the Bidder intends any lot to be exported outside the UK a refund of VAT will (subject to whatever regulations made from time to time may be in force) be available upon the production by the Bidder of such proof of the export as the Auctioneer may require.
13.The Vendor and the Auctioneer hereby severally exclude liability for any accident or injury, howsoever arising, sustained by any person or persons who may attend at the premises for the purpose of the auction, inspection, purchase, collection or any other business.
14.The Vendor or any agent acting on its behalf may bid for any lot or lots offered for sale at the Auction.
15.The Company reserves the right to correct any clerical administrative or typographical errors made by its employees at any time.
16.Certain lots may have been included on behalf of other clients by kind permission of the Vendor.
17.Delivery of lots(s) purchased by a Bidder may not be required by him outside normal business hours and is to be made within a reasonable time following payment in full. In determining what is a reasonable time just allowance shall be made for all relevant contingencies which may arise otherwise than by the negligence of the Vendor or the Auctioneer, and in particular, but without prejudice, to the generality of the foregoing, for any suspension or failure of material services, civil commotion, strike or other industrial action, or other impediment to normal delivery outside the control of the Vendor or the Auctioneer. Neither the Vendor nor the Auctioneer shall be required to incur any expense towards overcoming such impediment unless indemnified therefrom and put in funds to meet such expense by the Bidder. The Auctioneer shall not be obliged to take any legal proceedings for the removal of any such aforesaid impediment to delivery of lot(s) which might in its own judgement exacerbate the matter or be detrimental to its own reputation or goodwill.
18.It is expressly brought to the Bidder’s attention that, at the time of sale, any item of plant, machinery or equipment contained in the lot(s) may not necessarily comply with the Health and Safety at Work Etc. Act 1974, Environmental Protection Act 1990 or any other Act or Acts or Regulations thereunder governing the use of that plant, machinery or equipment in a working environment. Successful Bidders for any such plant, machinery or equipment are hereby required to ensure that the use of any such plant and equipment at a place of work within the United Kingdom does not contravene such relevant Act or Regulation thereunder applicable thereto.
19.It is expressly brought to the Bidder’s attention that certain types of plant or main service installations could contain blue or white asbestos, dangerous chemicals, etc. which if not handled correctly during their removal from the site could be in breach of the Health and Safety at Work Etc. Act 1974 Section 2-9 and Control of Substances Hazardous to Health Regulations 1988 (COSHH) or any other current legislations covering the use of such substances in a working environment.
20.All purchasers must comply with all current legislations and regulations in relation to the removal/disposal of waste including hazardous waste and may be required to satisfy the Auctioneer in relation to their disposal/removal procedures. Where waste materials are removed all work must be undertaken by an approved and licensed contractor.
Lotsurf.com, October 15th 2004.