Misrepresentation Act 1967:

First and foremost, whilst its important to note from the offset the significance of providing reliable information under the above Misrepresentation Act 1967, “The Company” and its employees do not warrant the information contained herein. Therefore, we urge prospective purchasers to satisfy by inspection as to the correctness of the following. Should you require further clarity on any subject please feel free in which to call our Friendly Auction Team on 01226 445360, before registering in which to make bids/offers.

Once you are registered and have been accepted as a Buyer, or Seller, you are deemed to be bound by both the General Condition and any Special Conditions imposed on buyers of Individual, or Multiple Lots in any Auctions (including online auctions), Tenders, or Private Treaty Sales, thereafter.

Interpretation / Clarification / Legislation 

For the purpose of both clarity and transparency, both the General Conditions and Special Conditions will include words and expressions, these words and expressions shall have their meanings set out directly opposite:

General Conditions: – The following Terms and Conditions are applicable to “The Company” – VDE Asset Management Limited, Daily Marketplace Limited and Global Daily Marketplace Limited, in providing services to both Clients/Sellers and Buyers alike.

Moreover, these Terms and Conditions must be strictly adhered to at all times, by all attendees, including both the Seller and Buyer alike.

In the following sections, there are the “General Conditions” which apply to both Individuals and Group orderly conduct whilst attending all Auctions on or off-site (including online auctions), Tenders, Private Treaty Sales and Business Sales, including the viewing, actual auction attendance and that of site collection periods.

Equally, the General Conditions refer to items that are sold via Auctions, Online Auctions (on or off-site), Tenders, Private Treaty Sales, or Business Sales, by “The Company”.

Special Conditions:– To be included and therefore will be in addition to the General Terms & Conditions. Any Special Conditions that are included in any Auction / Online Auction / Tenders / Private Treaty Sale, or Business Sale, are required to have been acknowledged and accepted by you before actively bidding on a particular lot(s). Both the Special Conditions and the General Conditions, will be advertised on website www.vdeassetmanagement.co.uk, Further notifications will be clearly visible at any of “The Company” events, including catalogues.

Special Conditions of Sale – By Definition

Basic Special Conditions, but not limited to,

• Sellers Information: This information can be found on our website www.vdeassetmanagement.co.uk, or in the appropriate sales catalogue, or Both!
• Location: This information can be found on our website www.vdeassetmanagement.co.uk, or in the appropriate sales catalogue, or Both!
• Access: to this or any of the specified auctions sites that are held within our group, will be subject to the following Caveats, but not limited to,

1. Access: Access to any of our Auction Group site locations, will only be given on the understanding that you enter the Auction location at your own risk and are responsible for and will indemnify the “Seller” and “The Company” and its employees against any losses, including financial losses, personal injury sustained through neglect of the attendee, damage to lots whilst in attendance and any other claims linked to their physical presence at any location.
2. Age Restrictions: Children under the age of 16 will be denied access to any location. Proof of age may be asked for by a representative of either VDE Asset Management Limited or any of the other group of companies known under “The Company”.

• Directions: This information can be found on our website www.dailymarketplace.co.uk, or in the appropriate sales catalogue, or Both!
• Health & Safety At Work Act 1974: Auction Site Safety Accountability / Statutory Auction Signage & Auction Site Safe Collection Procedures (Pre-Booked Collection Appointments Only).
• Registration: Actual or Website Linked. In order to be allowed to bid in any Auction, Online Auction, Tender or Private Treaty, you must register your interest after reading and accepting our Terms & Conditions Here.
• Deposits: May be required. It’s entirely at the Auctioneer’s discretion and without liability to “The Company”, or its employees. Deposits will be refundable to none buyers at the end of the auction process.
• Reserves: Some items may have reserves. Any item with a reserve will clearly be identified as having a reserve and will be sold subject to meeting that reserve. Equally, the auctioneer will have at his/her own discretion, the right to sell that item at 90% of the nominated reserve price. If a reserve price is not indicated on the entry form, then it will be sold without reserve.
• Bidding: For the purpose of clarity and transparency, we strongly advise all potential buyers to read the terms and conditions, BEFORE MAKING ANY BID/OFFER.
• Bid Sniping: In order to avoid Bid Sniping (Last Second Bidding), which results in an unfair advantage to some buyers. We take a more proactive fairness attitude to all buyers in that ALL Lots may be subject to extended times of 2 minute intervals. This is why it says Auction closes FROM 5pm BST.
• Buyers Premium: buyers premiums is on top of the hammer price of the asset(s) that are subject to sale/purchase. Buyers premium also as vat on top. On a more encouraging footing, we are committed to helping both buyers and our chosen charity Barnsley Hospice, by encouraging reasonable buyers premium percentage rates set for our buyers premium @ 5%, 2%, plus vat, on Agricultural, Construction & Plant Auctions. Insolvency Auctions @ 10%, plus vat.
• Finance Options: Available Per Auction – Simply Finance
• Payment to Include: Bank Transfer & Debit Card Payments (Only).
• Vat Payments & Returns: All overseas Buyers (EU and non-EU), will be charged Vat at the current rate of 20%. Overseas buyers will be able to claim their vat back provided they submit to the following condition,

You (the buyer) accept that “The Company” is NOT responsible for Vat repayment to buyers, it remains the responsibility of the “Seller” to repay Vat funds back to buyers, including overseas buyers (where applicable).

Proof Required by Law – The “Seller” is in receipt of the buyer’s bill of lading, the bill of lading must be received by the “Seller” within the prescribed 3-month period only.

Unfortunately, in the case where a Non-EU Buyer has incurred VAT on the Buyer’s Premium, then the buyer(s) will be unable to claim this element of VAT chargeback from the  “Seller” (no exceptions to the rule).

• Furthermore, both the General and Special conditions are deemed to be legally contractual to both the Seller and Buyer alike. However, in the unfortunate event of any unforeseen discrepancy between the General Conditions and Special Conditions, then the General Conditions will prevail.

“The Company” VDE Asset Management Limited (company number 07430547), is deemed by choice of clientele, to act as consultants/agents, in which to assist in the re-marketing of business assets.

“The Company” Registered Address: The Business Village, Snydale Road, Cudworth, Barnsley, South Yorkshire, S72 8RP.

“The Company” Also includes any of our other group of companies listed below,

• VDE Asset Management Limited

• “The Company Registration Details” These details include: –
• Company formation number – 7430547
• Company operating address – The Business Village, Snydale Road, Cudworth, Barnsley, South Yorkshire, S72 8RP.
• Company VAT registration number – 102-1240-94
• Company Data Protection number – Z3212163.

“Advertisements” The advertising of a sale or of a particular lot does not create a legal duty to hold the auction or to offer to sell the lot. It amounts merely to an invitation to treat and can therefore be withdrawn before bidding starts.

“Agency” “The Company” and the Auctioneer are agents only. The main function of the agent is to transact business, basically to affect sales for their principal, the seller.

“Auction” Any auction (including online, Live & Webcast auctions), Tenders / Private Treaty Sales, and Business Sales conducted in pursuant to both the General and Special Conditions herewith.

“Auctioneer” Is the person overseeing any type of Auction / Online Auction / Tender / Private Treaty Sales, or a Business for Sale and he/she is deemed to do so by the delegation of both management and clients/sellers alike.

“Authority” Express Authority to sell assets is given by the seller to “The Company” both in writing and by virtue of consignments.

“Bidder” Is a person over 18 years of age and is of sound mind and body, who is offering to purchase a lot in either an Online Auction, Auction, or Tender, equally by way of accepting these terms and conditions.

“Bids” Bids are normally accepted by the fall of the hammer and on understanding that potential buyers/bidders have accepted on their own free will, both the General Conditions and any Special Conditions imposed in any “Events” conducted by “The Company”.

“Buyer” The highest bidder shall be the buyer of a Specific lot(s), that is if the lot has met its reserve figure, where a reserve has been assigned by the client/seller and there is no dispute.

The buyer, he/she will be legally responsible for the full payment for all lots (Including Vat, or any other taxes) concerned at the fall of the Gavel / Hammer or closure of either an Auction, Online Auction, Tender, or Private Treaty Sale.

Please Note: The Buyer accepts that a sale by Auction, Online Auction, Tender, Private Treaty Sales, or Business Sale is not a consumer sale for the purposes of the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994 and as replaced by the Consumer Rights Act 2015) and the Unfair Contract Terms Act 1977 / 1999 Regulations and the Buyer shall not seek to rely upon any conditions or warranties implied thereby or by any other legislation. In addition, all lots are Sold as Seen with no warranties whatsoever.

“Buyers Bond/Deposit” – “The Company” may request proof of financial commitment from potential buyers, before allowing them to proceed with any offers, at any stage.

This would normally be by the potential purchaser submitting a bank manager’s letter of approval to our Sales Team before making any offer(s). Equally, the auctioneer may request a buyer’s Bond (Refundable to non-purchasers). This is merely a request by the auctioneer, which represents the serious interest and commitment of a potential buyer(s).

“Buyers Premium” Means a premium on top of the final hammer price, plus vat.

• 5% and 2% – On Agricture, Construction & Plant Auctions. 
• Other Auctions by Separate Negotiations.

The exact buyer’s premium will be defined in the Special Conditions, in that particular disposal program, or on either of “The Company” websites.

Cancelation of Customer Accounts: – The Company (VDE Asset Management Limited) reserves full rights to suspend or cancel Customer Accounts, etc, if it is deemed that “The Company” (VDE Asset Management Limited) believes that any part of the Terms & Conditions has been violated and therefore in Breach.

Any interference to goods (Bought by the buyer) by the Seller or his/her employees from that of the original description and detail given prior to the Online Auction going LIVE, will result in the Buyer receiving a full repayment from “The Company” .

In the above case, “The Company” will not be held responsible for the Buyers Transportation Cost. 

“Catalogue” The catalogue incorporates these General Conditions and the Special Conditions;

“Collection” Refers to the asset collection process (where applicable), which can only be initiated once full payment has been made for the particular lot purchased by way of a paid invoice.

Please Note: Where “The Company” sells clients’ assets that are physically sited on our client’s sites/place of business, they will only be released from the seller’s sites/place of business, by way of the following program of events.

• That after the full payment has been made for a purchase, including Buyers Premium and vat, a collection notice will be sent along with the receipt to the buyer confirming that the lot/item has been paid for in full, after which the buyer will contact the seller and arrange a mutual Health & Safety compliant collection process.
•  
• The assets bought in that particular Online Auction, Auctions or Tender will only be released from the “The Company”/A Sellers/Clients Site, once proof by way of the Collection Notice (Buyer) matches that of the Sellers/Clients Release Notice (No Exceptions).  
•  
• Neither “The Company” nor its employees accept any legal responsibility for any damage, loss of earnings, agents collecting goods fees or loss of life or limb, in the collection of assets sold by either us in Auction, Tender, Private Treaty Sales, Business Sales, either at one of our sites or a client site/place of business.

“Commission/Management Fee” Is an amount agreed upon between the seller and the company for assisting in the preparation and sale of the seller’s assets/lots.

“Data Protection Act 2018” Our Data Protection Policy is available upon request!

“Data Providers” Liability of content/information that you may receive from third-party hyperlinks whilst browsing our websites, will rest with that of the provider (Origin of Legal Entity) and not that of “The Company”. If you use third-party links, please beware at all times!

“Decommissioning Programs & Removal Programs” All relevant actions, including time allowances, will be provided to the eventual buyer(s), in order that they can provide “The Company” with the prescribed decommissioning and removal programs. Subject to the buyer(s) decommissioning and removal programs being in full compliance with all the prescribed Health & Safety At Work Act 1974 policies, then “The Company” will allow a supervised program of events to proceed.

“Default Payments” If the Seller /Vendor by way of default, sells the item or items (himself/herself) that were entered into that Specific Auction, including Online Auctions prior or whilst the Auction is underway, he/she will be responsible in which to pay the Auctioneers 10% in agreed commission of what the lot would have sold for in that specific Auction/Tender.

Equally, the Seller/Vendor will have all other items entered into that specific Auction withdrawn and again will pay a commission of 10% to the Auctioneers (No Exceptions).

“Disputes” “The Company”, will have absolute discretion and control where a dispute with either the seller or where a potential buyer exists, whilst authorized to sell the prescribed item(s).

“Dispute Remedy” “The Company” and the Auctioneer can at any time refuse any bid without a reason in either an Online Auction, Auction or Tender. Following the outcome of any dispute, “The Company” or Auctioneer may either withdraw the LOT indefinitely, re-start the bidding from scratch, or re-enter the LOT concerned into the next available Online Auction, On-Site Auction, Public Tender, Private Treaty Sale, or Business Sale, all of which actions would exclude either “The Company”, the Auctioneers, the seller and any of “The Company” employees, from any group or personal liabilities whatsoever, involving either the seller, or the buyer.

“Electronic, Proxy and Telephone Bidding” In order to increase the seller’s chances in the bidding arena and equally being more competitive, we allow the use of the above. However, you acknowledge that any risk of a failed connection rests with the potential buyer and not the Auctioneers, or Agency.

“Employees” All of “The Company” employees act as agents of the company and without any personal liability whatsoever. For the avoidance of doubt, the Auctioneer and “The Company” Employees: –  Shall not be held legally responsible for the authenticity, period, condition, or quality of any lot. Any statement made by the Auctioneers or the company employees are of opinion only, they are not to be taken as fact, or to be implied as such.

“Employers Liability Cover” Limit Ten Million Pounds (£10,000,000);

“Events” But not limited to – Auctions (Including online, Timed, On-Site, or Off-Site), Tenders, Private Treaty Sales, Business Sales, Property Sales.

“Hammer Price” Shall mean the highest bid accepted by “The Company” on a particular lot, or consolidated lots.

“Insurance” The Auctioneers strongly recommends that the buyer/purchaser carries with him/her the appropriate insurance cover when attending the collection of the assets bought. The seller will require written proof of the buyer’s insurance, in order to allow the buyer access to the seller site.

“Law” The General Conditions will apply to every event that “The Company” undertakes and shall be governed and enforced in accordance with the laws of England and Wales. If by way of events being held in a different country, then the event(s) will be governed and enforced in accordance with the law of the specific country.

“Lots” Shall mean any single item, a group of items (Consolidated) that is offered as part of a potential sale, between seller and buyer.

“Money Laundering 2017” We take Money Laundering very seriously. Perpetrators will be prosecuted. Our Money Laundering Policy is available upon request!

“Notices to be Displayed at Auction” The Auctioneers Act 1845  section 7 provides that every auctioneer, before beginning any auction, must display a legible Ticket or board containing their full name and address in the place where the auction is to be conducted.

In addition, The Auction (Bidding Agreements) Act 1927 and 1969 must also being in clear vision. This concerns auction ‘Rings’ Anyone caught in breach of this act will be prosecuted under Criminal Law.

“Password” Refers to the individual protection of data whilst the individual is using either of “The Company” websites.

Please Note:  Members are reminded that they are held fully responsible for their passwords; they are equally reminded in which not to disclose their passwords to anyone.

If your password has either been lost or stolen, please contact Vicky Goodyear Senior Marketing Manager at info@vdeassetmanagement.co.uk. You will be asked a number of security questions in relation to your account and subject to the answers being correct or not will depend on you being allowed continued use of your account. 

Equally, your call may be recorded, as we treat On-line security seriously and offences will be reported to the relevant authorities. 

“Payment” Refers to financial payments made for assets/Vat/Buyers Premium, plus vat, for assets/lots purchased in either Auctions, Online Auctions, Tenders, Private Treaty Sales, or Business Sales.

Please Note: We operate an assured payment and collection policy – No Payment Received from The Buyer = Then There Are No Goods Released by The Seller.

“Premises” Means the premises in which the company “The Company” undertake Auctions / On-Line Auctions / Tenders / Private Treaty Sales, or Business Sales.

“Public Liability Cover” Limit Five Million Pounds (£5,000,000);

“Registration” You are required to submit a registration form either by using the Websites or if it’s an actual auction, at the offices before making any offers/bids. Requirements include,

1. Copy of a Valid Passport (Minimum 6 Months Left)
2. Copy of a Current Photograph of Driving Licence.
3. Copy of a Current Bank Statement, or Current Utility Bill.

After the submission of at least two of the above, we shall, once we have completed further due diligence checks, either approve you, or refuse you access to any auction, or event.

“Revise & Amend” Means that the company reserves the right to revise and amend these terms and conditions from time to time. This is normally subject to the following: – 

• Market Changes.
• Currency Changes.
• Vat Changes.
• Technology & Software Updates
• Changes in Law & Regulatory requirements.

“Seller” Is deemed to have justified/warranted to “The Company” that the asset/assets that he/she instructs “The Company” to sell, are that of his/her own outright property, by way of the completion of a mandatory entry form.

“Third Party” means that there is some form of encumbrance (Lease, Hire Purchase, etc).

Please Note: Where the Auctioneer has been notified by the Seller that there is a third-party involvement (Lease/Hire Purchase, etc), then the Auctioneer and Seller will individually and where appropriate (Upon Written Instructions), contact the required department concerned in order to obtain the required balances.

If upon receiving the correct information from the third party (received in writing) and the Auctioneers feel that if the third party gave their permission/consent for the asset or assets to be sold, and that it would clearly discharge the debt in full and any further fees incurred by the Third Party and the Auctioneers will be reconciled within the amount achieved, then the sale of the asset or assets may continue (Subject to both “The Company” & Auctioneers Final Discretion).

Furthermore, under the Data Protection Act 2018, such information will remain private and confidential to the Auctioneers and will not be passed on to any third party (Potential Buyer/Purchaser).

“VAT” Means Value Added Tax. Vat will be added where applicable and at the current rate.

“Warranties & Guarantees” There are no warranties or guarantees given or implied by the auctioneer, VDE Asset Management Limited, Daily Marketplace, includes their employees, the seller, or in the specific catalogue. All items are sold with all of their faults, incompleteness and imperfections. For the purpose of clarity, all small tools and plant are sold as spares.

“Websites” Refers to a portal in which potential buyers are allowed to view and purchase assets subject to the terms, conditions, and responsible conduct. Equally, the websites are part of the intellectual property of “The Company”.

“Website Availability and Liability” This means that it is important that users of this website understand that this website is available on an “as is” and “as available” basis, as we can’t guarantee you continued access and use of this website.

Please Note: Routine website maintenance is essential to the everyday running of the website and while such downtime will be kept to a minimum, it will not be limited to time constraints.

Therefore, by using the website you agree not to hold “The Company” liable for any loss of revenue, data, anticipated savings, goodwill, trader’s and non- trader’s breaches in contracts, reputation, however arising through tort including any negligence claims within any period of maintenance downtime! 

Equally, “The Company”  shall not be held liable in any way whatsoever for the loss in website connectivity through either hosting server downtime, internet connectivity failure, or software malfunction, however long the delay. Such cases are rare and we would ask you to be patient should this ever occur, until such times as the problems have been corrected. 

Therefore, we suggest that if you use such hyperlinked websites, that you read and agree with their individual terms and conditions before proceeding.

Equally, by using this website you agree not to hold us liable for any loss or damage of any kind as the result of any such dealings with third-party links through this website.

The“ Company” Caveats, including that of Recognition & Warranties, Exemption Policy.

The buyer accepts that from the point of being accepted as a bidder and subsequently bids on a Lot(s), then if that bid(s) is accepted within the General Condition and Special Condition of a particular Auction (including online), Tender, or Private Treaty Sale, then he/she bids on their own free will and is deemed to have satisfied themselves of the current condition under Statute Law and accepts the responsibility in which to correct the condition of the item so that it complies with the relevant statutory requirements, before using the Lot(s) either for personal use or selling it on in their daily business.

Where vehicles are purchased as either non-runners or scrap, the buyer is legally obligated in which to remove the vehicle from the site by using the assistance of a recovery firm and at the buyers expense, before we allow it to be removed. The vehicle must not be driven on the road until the roadworthiness complies with the statutory legislation. Any attempt do drive an unroadworthy vehicle will be reported to the police with immediate effect.

We would suggest that if the potential buyer isn’t sure as to the condition of any Lot that is offered for Auction (including online), Tender, or Private Treaty, that he/she, either rescinds from purchasing, or they have the item checked by a specialist at the point within the viewing period. We shall where the latter is concerned try to allow you the opportunity within the viewing period to have an expert’s opinion evaluated. This is of course at your own expense!

Third Party Assets: Lots purchased in any Auction (including Online), Tenders, or Private Treaty Sales, are purchased on the basis that the risk of goods title to either individual, or multiple purchases, shall remain the Buyer’s risk and absolve “The Company” and its employee’s from any Legal claims whatsoever. We, therefore, suggest that you do your own due diligence checks, before contemplating buying any assets with a reputable company, examples as follows,

For the purpose of checking Third Party Interest, we suggest, but again we don’t warrant the outcome.

• HPi Check Link HERE

For the purpose of checking for Stolen Goods Issues, we suggest, but again we don’t warrant the outcome.

• Where Plant & Machinery is concerned – TER Plant Check HERE

Aside from anything else in these General Conditions, “The Company” and the Seller’s joint financial liability shall be limited in aggregate when in breach of either of the following,

• Breach of Contract.
• Tort (Damages, including that of negligence).
• Breach of Statutory Duty.
• Subsequent Loss, or otherwise.

To the amount paid for the lot(s), concerned, or where there has been no price paid at all, then it will be deemed the higher of the market value or the reserve imposed by the “Seller”, at the point of entering their consignment.

Please Note: For the avoidance of doubt, these conditions do not exclude the right of liability for death or personal injury caused through proven negligence associated with “The Company”.