- These are the only conditions, together with those set out in the Notice to Purchasers appearing in the auction catalogue, which are applicable to the sale of goods carried out by INTERNATIONAL AUCTION GROUP, S.L. (“THE AUCTIONEER”) as agent for the VENDOR, will make the sale to a “BIDDER” and all other conditions, whether express, or implied at common law or by statute as are capable of lawful exclusion are hereby excluded.
- The AUCTIONEER can at his discretion:
a) Change or withdraw all or some of the lots listed in the Auction up to the moment of sale, which is, when the hammer falls in the auction of the lot in question.
b) Whenever a reserve has been put on any lot, withdraw the said lot if the highest bid does not reach the reserve price.
c) Whenever two or more consecutive lots are similar in quantity and content, offer the second lot and, where applicable, those following (or part of them), to the buyer of the first one for the same price.
d) Bid for any lot or lots offered for sale at the Auction
- Each lot must be sold to the highest bidder and in the case that any dispute should arise between bidders it will be resolved at the discretion of the AUCTIONEER.
- Registration: Overseas buyers non-residents in Spain will be ask to preferably produce a bank guarantee when registering
- The bidding system will be regulated by the AUCTIONEER in the way he thinks proper and, without prejudice to this, he may refuse to accept any bid without giving reasons, and also bid for a specific lot in his own name although in the interest of a third party.
- The successful BUYER will pay the AUCTIONEER a Buyer’s Premium of 15% on the sales price, to which will be added Value Added Tax at the current rate. The premium may not be disputed and must be paid by all purchasers. All items purchased through the Webcast Facility are subject to the Buyer’s Premium of 15% previously mentioned plus an additional 3.5%. The Auctioneer, when acting as agent for the Vendor, may also receive commission from the Vendor
- a) AUCTIONEER regarding the identity and address of the BIDDER. The deposit of money resulting from what is established in the preceding paragraph will apply to all the lots acquired by the BIDDER in the Auction. The AUCTIONEER will issue the corresponding receipt for the deposit of money as well as the given lots.
b) The balance due of the total amount of the invoice will be paid to the AUCTIONEER before the latest date stated in the “Notice to Purchasers”.
c) Should the Bidder fail to pay the monies due (including Buyer’s Premium and VAT), as in Clause 6 (b) above, the AUCTIONEER reserves himself the right of compelling the Bidder to pay or to cancel the sale, losing the Bidder any rights over the lots, either title of property, ownership or any other similar rights, including any deposit paid.
d) Payment of deposits will only be accepted by cheque or bankers draft for Spanish residents. All buyers’ non-residents in Spain will have to pay their deposits by cash or bank transfer.
e) All the lots must be removed by the BIDDER from the place of the Auction (subject to the conditions in section 7/ following) no later than the date and time set out in the “Notice to Purchasers”, this being an essential condition of the contract.
f) In the event that the BIDDER should not comply with any of these requirements, the lot or lots that he may have bought or any part of them can be offered again for sale, destroyed or applied to any use decided by the AUCTIONEER in his sole discretion, the former losing all rights to recover the money deposited in connection with the purchase or purchases.
g) Without prejudice to the claims which may correspond to the AUCTIONEER against the BIDDER for non-compliance with the contract or other causes, the BIDDER will be liable, from the expiry of the term mentioned in Notice to Purchasers, for all costs of storage and administration and costs arising from the new sale and/or the disposal of the goods not removed and/or the re-sale or destruction of any lots not removed.
- a) Should the Bidder fail to remove the lot or lots purchased, within the dates and times in the Notice to Purchasers or to comply with the terms specified herewith, the auctioneer will have the option to cancel the sale, the Bidder will lose any rights over the lots, either title of property, ownership or any other similar rights, including any deposit paid or to compel the bidder to the sale in the agreed amount and manner plus all direct and indirect costs arising from this situation and any other costs incurred by third parties related to the auction.
b) The BIDDER may only remove the lots from the premises by prior arrangement with him and subject to the supervision of the AUCTIONEER or his representatives, not later than the time and date specified in the Notice to Purchasers.
c) The BIDDER will not be permitted to remove any lot acquired from the premises until he has met all the sums due as established in these conditions.
d) If, in the judgement of the AUCTIONEER, the removal of any lot or part of it could cause serious damage in the premises or any other damage that the BIDDER may be unable or not wish to rectify, the AUCTIONEER may, by requirement to the BIDDER, cancel the sale of that lot or permit its removal from the premises subject to the conditions which he deems appropriate, in accordance with section e) below.
e) In the event that a third party should claim the possession or ownership of all or part of a lot before its removal from the premises, the AUCTIONEER reserves the right to cancel the sale or allow its removal from the premises, subject to the conditions that he deems fit.
- The BIDDER will be responsible for all damage that both he or his carriers and their agents may cause to assets belonging to third parties (and particularly the premises) in removing the lot or lots that he has acquired. In the event that the AUCTIONEER thinks such damage possible, he may require the BIDDER to put at his disposal a sum of money to cover the estimated costs of repair for the damages envisaged by the AUCTIONEER. Should the BIDDER refuse to make the deposit, the AUCTIONEER can refuse the BIDDER access to the premises for the purpose of removing some or all of the lots acquired, or else cancel the sale of such lots in accordance with section 7/ c) above.
- a) The BIDDER shall assume all risks from the moment of the sale (“Fall of the Hammer”), being notified especially of the advisability of immediately insuring the goods acquired. At the said moment of the sale the BIDDER assumes all the risks relating to the lots acquired which may arise thereafter, and is warned that it is advisable to arrange such insurance policies as deemed necessary. The AUCTIONEER’s obligation to deliver the lots will be understood complied with at the moment of the sale being completed (“Fall of the Hammer”), even in the case that subsequently the lot may suffer damages and/or be lost wholly or in part.
b) The ownership of each lot will not be transferred to the BIDDER until the following conditions have been met: (I) that the price has been paid in full within the terms and dates stated (II) that the lot has been removed from the premises where the auction was held within the period established.
- 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 Bidder 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 (as the case may be) paid by the Bidder in respect of the goods which are the subject of the claim.
- All goods are sold with all faults and imperfections and errors of description; the images/photographs which appear in the catalogue are for identification only. The AUCTIONEER has used his best endeavours to ensure that the descriptions of each lot are correct, but the BIDDER accepts such descriptions at his own risk. Bidders should satisfy themselves prior to the sale as to the condition of the lot and should exercise and rely on their judgment as to whether the lot accords with its description. None of the lots is sold as new, except those explicitly indicated as such. The AUCTIONEER is exempted from all liability arising from any loss or damage or prejudice that the BIDDER may allege having suffered as a consequence of, or in relation with, a defect in any lot acquired, an erroneous description of it, the impossibility of its carrying out the functions sought by the BIDDER or any damage or loss suffered by the lot before its removal from the premises, but after the transfer of risk in conformity with the previous clause 9.a).
- The price for which the BIDDER acquires each lot does not include either the Buyer’s Premium, nor sales commission, nor the VAT. Should the BIDDER wish any lot to be exported outside Spain, he can obtain repayment of the VAT, (subject to the regulations in force at any time) delivering such evidence as the AUCTIONEER may require to prove such exportation.
- In this act the AUCTIONEER and the SELLER are exempted respectively from any liability for any accident or damage suffered by any person or persons who may come to the premises for any purpose, unless these are caused by negligence of the AUCTIONEER.
- The AUCTIONEER or any person representing him can bid for any lot or lots offered for sale in the Auction.
- The Bidder will be responsible for the clearance of the lots purchased. The BIDDER may not require delivery of the lots acquired outside the normal office or trading hours and delivery must take place within a reasonable period after payment of the total. To determine what is meant by a reasonable period only such relevant circumstances will be taken into account as may arise without negligence on the part of the AUCTIONEER and, in particular, although without prejudice to those of a general nature, any suspension or failure in material services, serious disturbances or social disorders, strikes or other actions of a similar type, and any other impediment to normal delivery outside the control of the AUCTIONEER. The AUCTIONEER cannot be required to carry out at their cost any steps directed to overcoming these impediments, unless the BIDDER provides funds for this purpose. The AUCTIONEER will not be obliged to undertake any legal proceedings directed to the overcoming the above named impediments to the delivery of the lots when in his judgement this could worsen the problem or suppose a detriment to his own reputation or prestige.
- The BIDDER acknowledges that any software or intellectual property rights attaching to a lot or lots may not be the property of the VENDOR or capable of transfer by the VENDOR and that neither the VENDOR nor the AUCTIONEER is in any way authorising the use by the BIDDER of such software or intellectual property rights and that according any use of such software or exploitation of such intellectual property rights shall be at the BIDDER’S sole risk.
- Regulations over health and safety at work
BIDDERS are expressly notified that, at the moment of sale, any of the elements or accessories, machinery or equipment included in the lots may not necessarily be adapted to the regulations in the EU on health and safety at work applicable to their use when they are in operation and the AUCTIONEER is exempted from all liability as a result of this. BIDDERS are advised, with regard to possible purchases of such installations, machinery or equipment, that they should ensure, under their exclusive liability, that the use to which they are going to put the goods acquired does not contravene the aforesaid regulations.
- Toxic and dangerous substances
All BIDDERS are expressly advised that certain types of installations or materials can contain toxic or dangerous chemical substances, which could, in the event of not being handled correctly during their removal from the premises, infringe the regulations applicable to the use of such substances. The BIDDER 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
- Where the Bidder loads any item of plant, machinery or equipment contained in a lot or lots to remove it from the site, the Auctioneer shall be under no liability whatsoever to the Bidder or any third party for any damage however so caused by the removal and the Bidder shall be responsible for and indemnify the Auctioneer against any damage or loss which the Auctioneer may suffer or incur in respect of loss, damage or injury suffered by the Bidder’s employees or any third party arising from the removal of the plant, machinery or equipment. The Bidder shall indemnify the Auctioneer against any loss damage suffered by the Auctioneer which directly or indirectly is attributable to the nature of the plant, equipment or machinery acquired by the Bidder whether through breakage rust decay, desiccation, leakage wastage, inherent or latent defect or vice or nature deterioration.
- All information the participants at the auction may provide during the registration procedure is for the Auctioneers use only. All personal information regarding the participants registered will be processed by the Auctioneer in accordance with the Spanish Personal Data Protection Act 15/99. All personal information will be introduced in a personal data file, being this file of the property and in exclusive custody of the Auctioneer. The registered participant consents his personal information to be included in the mentioned file to be taken into account in the organization and fulfilment of the Auction. This consent will be revocable and its purpose is to allow the use of this information for informative purposes and to organize the event. On no account will the registration information be transferred to third parties. The information requested is appropriate, pertinent and not excessive in relation with the level, purposes and the specific services, explicit and legitimate in relation to the Auctioneer as the Auction organizer. The registered participants have complete access to this information, being able to modify the information if it was erroneous or to cancel the information from the file. Those rights can be exercised by written notice to the Auctioneer – firstname.lastname@example.org
- Shall there be any disputes, either in the Spanish or English version of the General Sale Conditions and/or the Notice to Purchasers, the Spanish version will be given priority. These Terms shall be governed by and construed in accordance with the Laws of Spain and any disputes will be decided only by the Spanish courts.
International Auction Group, S.L.U (hereinafter IAG) is the owner of the website www.iagauction.com
International Auction Group SLU is a limited company established at Calle Electrónica, 19, 5º A - 08915 Badalona (BCN-Spain), company's house of Barcelona, Volume 42261, Page 0067, Sheet 406120, 1st. Inscrip., Gral.Sect. and CIF ES-B65457319.
Please note that all personal data collected on the Site by registering online and / or through emails will be stored on IAG data base after activating the users account. The account will be activated once you have accepted the general condition of IAG on the registration form.
IAG will not store or use any personal information provided in the registration form if the user does not accept the general conditions of the site.
USE OF PERSONAL INFORMATION
All personal data collected on the Site after activating the users account will only be used if a purchase has made in order to generate your invoice and other documents required to complete the transaction once the account has been activated. They may also be used for statistical studies and sign up to relieve email newsletters, marketing advertisement or other correspondence by IAG through its Website.
UNDER 18 ONLINE PRIVACY
IAG does not knowingly allow minors under 18 years old to register. This Site is not intended to solicit information of any kind from children under 18 so please try not to sign in. It is possible that by fraud, deception or error, we may receive information pertaining to children under the age of 18.If we come aware that such information is in our possession, we will immediately delete the information from our servers.
In accordance with the Law 15/1999 of December 13, Protection of Personal Data, we inform you that your personal data collected on the Site by filling in forms and / or through emails, will be stored in the files of IAG, in the case of making purchases, it will be used to make your invoice and other documents required to complete the transaction. They may also be used for statistical studies and sign up to relieve email newsletters, sales detriment or other correspondence by IAG through its Site. In this case, the user expressly consents to the treatment of personal data submitted to IAG for the purposes indicated above.
It is considered necessary to complete the data required in the registration forms that appears on the Site for the purpose of being able to adequately provide the service requested. In the case of not providing all required data as needed, IAG may not proceed with registration or deny service of the user.
The personal data provided either registering on the Site or through e-mails should be accurate, complete and up-to-date, responding to the damages that might occur because the information may be false, incomplete or outdated.
Personal data collected from the user and will not be given to any company or be available to others. All personal data collected on the Site after activating the users account will only be used if a purchase has made in order to generate your invoice and other documents required to complete the transaction once the account has been activated.
The user can modify or delete the personal information you have provided to us, please send us a request to IAG, Calle Electrónica 19, 5º A - 08915 Badalona (BCN-Spain) or by e-mail to email@example.com