Terms & Conditions

Hamilton Bros LTD: Auction Terms & Conditions of Sale 

1. Definitions 

• “Auctioneer” refers to the company or individual conducting the sale. 
• “Seller/Vendor” refers to the owner of the items being sold. 
• “Bidder” refers to any person placing or attempting to place a bid. 
• “Buyer/Purchaser” refers to the successful Bidder to whom a Lot is sold. 
• “Lot” refers to any item(s) offered for sale. 
• “Sale Day” means the date on which the auction takes place. 

2. Conditions of Bidding 

2.1. All Bidders must register with the Auctioneer prior to bidding and obtain a bidding number.
2.2. By registering, the Bidder confirms that they have read, understood, and agree to these Terms & Conditions.
2.3. The Auctioneer reserves the right to refuse bidding registration or reject any bid at their discretion.
2.4. All bids are made on the understanding that the Bidder intends to purchase the Lot if deemed the successful Bidder. 

3. Conduct of the Auction 

3.1. The Auctioneer reserves the right to: 

• withdraw or alter any Lot at any time, 
• regulate bidding, 
• resolve any disputes between Bidders, 
• reopen bidding in the event of a dispute or error. 

3.2. The Auctioneer’s decision is final and binding in all matters.
3.3. Bidding increments shall be determined solely by the Auctioneer.
3.4. A Bidder is deemed to be bidding on their own behalf unless prior written authority is provided for an agent or representative. 

4. Descriptions & Warranties 

4.1. All Lots are sold “as seen,” “as is,” and “with all faults” unless otherwise stated.
4.2. No warranties, guarantees, or representations—express or implied—are provided by Hamilton Bros LTD.
4.3. Descriptions, photographs, mileages, hours, and specifications are provided in good faith but are not guaranteed.
4.4. Bidders are strongly advised to inspect all Lots prior to bidding.
4.5. Hamilton Bros LTD accepts no liability for defects, inaccuracies, or omissions. 

5. Seller’s Responsibility 

5.1. The Seller warrants they have lawful V5 to the Lot and authority to sell.
5.2. The Seller must disclose known defects, finance agreements, or encumbrances prior to the sale.
5.3. The Seller indemnifies Hamilton Bros LTD against any claims relating to V5, defects, or ownership disputes. 

6. Purchase & Payment 

6.1. The highest approved Bidder shall be the Buyer once the timer has counted down to zero on any lot they have bid on.  

6.2. The Buyer is legally bound to complete the purchase.
6.3. All purchases must be paid in full on the Sale Day or within the payment period specified by the Hamilton bros LTD.
6.4. Payment methods accepted: BACS.  
6.5. Hamilton Bros LTD will apply a Buyer’s Premium which will be displayed and added to the final bid price.
6.6. VAT (if applicable) will be charged at the prevailing rate. 

7. V5 & Risk 

7.1. V5 passes to the Buyer only after full payment has been received and cleared.
7.2. Risk transfers to the Buyer immediately upon the fall of the hammer.
7.3.  Hamilton Bros LTD accepts no responsibility for loss or damage to Lots after the sale. 

8. Collection & Removal of Lots 

8.1. No Lot may be removed until full payment has been received.
8.2. All Lots must be removed within the time specified by Hamilton Bros LTD.
8.3. Buyers must arrange their own loading, collection, and transport.
8.4. The Auctioneer accepts no liability for injury or damage during loading or removal.
8.5. If a Lot is not collected within the specified timeframe, storage charges may apply. 

9. Default by the Buyer 

If the Buyer fails to pay or remove a Lot within the required time, the Auctioneer may: 

• resell the Lot without notice, 
• retain any deposit paid, 
• charge storage/administration fees, 
• pursue the Buyer for losses and costs incurred. 

10. Health & Safety 

10.1. Auction sites may contain machinery, moving vehicles, hazardous materials, and uneven surfaces.
10.2. All persons entering the premises do so at their own risk.
10.3. Children under 18 must be accompanied by an adult at all times.
10.4. The Buyer is responsible for ensuring safe and lawful transportation of purchased machinery and equipment. 

11. Environmental Obligations 

11.1. Buyers must comply with environmental and waste disposal regulations when removing or operating any Lot.
11.2. Fluids, oils, and hazardous materials contained within machinery are the Buyer’s responsibility after purchase. 

12. Data Protection 

12.1. Personal data collected for registration or bidding will be used only for administration of the auction and will be kept in accordance with applicable data protection laws please review our privacy policy for more information. 

13. Governing Law 

13.1. These Terms & Conditions are governed by and interpreted in accordance with the laws of the relevant jurisdiction where the auction is held.
13.2. Any disputes shall be resolved in the courts of that jurisdiction.