1. Who these conditions bind
These conditions form the contract between Pro Auction Limited, the seller of each lot, and you as a bidder or buyer. Registering to bid means you accept them. Where a particular sale publishes additional or differing conditions on its own page, those sale-specific conditions take precedence for that sale.
2. Our role
We act as agent for the seller unless a sale expressly states that we are selling as principal. The contract of sale on the fall of the hammer is between the seller and the buyer.
3. Registration
You must register before bidding, for each sale you wish to bid in. Registration for one sale does not carry across to another. We may require identification before approving a registration, and on higher-value lots we may require it in every case. We may refuse or withdraw a registration without giving reasons.
You are responsible for bids placed using your registration, including by anyone you allow to use it.
4. Lots are sold as seen
Almost everything we sell is used commercial equipment. Lots are sold in the condition they are in at the time of sale, with all faults and imperfections, and with no warranty as to working order, fitness for purpose, or compliance with any current standard or regulation.
Descriptions, photographs, dimensions, ages, model numbers and condition notes are statements of opinion given in good faith to help you decide whether to view. They are not statements of fact and are not warranties. Viewing dates are published for every sale and you are strongly advised to inspect before bidding.
Where equipment requires servicing, testing, certification or professional installation before it can lawfully be put back into use, that is the buyer’s responsibility and at the buyer’s cost.
5. Bidding
Bidding may be in the room, online by webcast, or by commission bid left with us in advance. A commission bid is executed competitively — it buys at the lowest price the bidding allows up to your maximum, not automatically at your maximum.
The auctioneer has absolute discretion to refuse a bid, to advance the bidding, to withdraw or re-offer a lot, to divide or combine lots, and to settle any dispute over bidding. The auctioneer’s decision is final.
We are not liable for any failure of the internet, the bidding platform or your own equipment that prevents a bid being placed or received.
6. Reserves
Lots may be subject to a confidential reserve below which they will not be sold. The auctioneer may bid on behalf of the seller up to, but not above, the reserve.
7. The contract
The fall of the hammer concludes the contract of sale between the seller and the successful bidder. In a timed online sale, the contract is concluded when the lot closes with your bid highest.
8. Buyer’s premium and VAT
Buyer's premium is charged as a percentage of the hammer price on each lot. The rate applying to a particular sale is stated on that sale's page and in the sale-specific conditions. VAT is charged on the buyer's premium at the prevailing rate. Whether VAT is also chargeable on the hammer price depends on the lot and on the seller's VAT position; this is indicated against each lot and in the sale-specific conditions.The total payable on a lot is therefore the hammer price, plus buyer’s premium, plus any VAT. Calculate the total before you bid rather than bidding to your budget on the hammer price alone.
9. Payment
Payment is due in full before collection and in any event within the period stated on the sale page. Accepted payment methods are stated for each sale. Title in a lot does not pass to the buyer until we have received cleared funds in full.
We may cancel a sale, re-offer the lot, and pursue you for any shortfall and costs if payment is not made within the stated period.
10. Collection and risk
Risk in a lot passes to the buyer on the fall of the hammer. You are advised to insure from that moment.
Collection deadlines are stated on each sale page and are strict — we are usually clearing a site against a handover date the seller cannot move. Removal is the buyer’s responsibility and at the buyer’s cost and risk, including any dismantling, disconnection, lifting or transport.
Gas and electrical equipment must be disconnected by a suitably qualified person. You are responsible for any damage caused to the premises during removal.
Where lots are not collected by the deadline we may charge storage, remove the lots to storage at your cost, or resell them and apply the proceeds against sums you owe.
11. Health and safety on site
You attend viewings and collections at your own risk and must comply with the site rules, any induction requirements, and the instructions of our staff. Sites may be operational or partly dismantled. Appropriate footwear and protective equipment may be required.
12. Cancellation rights
Goods bought at public auction are generally outside the cancellation rights that apply to distance and off-premises consumer contracts, where the auction is one you could have attended in person. You should not bid on the assumption that you will be able to cancel. If you are unsure whether a particular sale falls within those rules, ask us before bidding rather than after.
13. Anti-money laundering
We are required to carry out identity checks in defined circumstances, including on high-value transactions. We may withhold release of lots until those checks are complete, and we may decline a transaction where we cannot complete them.
14. Description disputes
If you believe a lot was materially misdescribed, you must notify us in writing promptly and in any event within the period stated on the sale page, and before the lot is altered, repaired, dismantled or removed from where it stood. We cannot consider a claim once a lot has been changed or moved, because its condition at the time of sale can no longer be established.
15. Liability
Nothing in these conditions limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited. Subject to that, our liability in connection with any lot is limited to the sums paid to us in respect of that lot, and we are not liable for loss of profit, loss of use, or any indirect or consequential loss.
16. Data protection
We process personal data in accordance with our privacy policy.
17. Governing law
These conditions and any dispute arising from them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
18. Complaints
If something has gone wrong, please contact us. Our complaints procedure sets out how we will handle it.