UK-Liquidation Terms & Conditions

This is a Trade web-site and is intended to be a friendly, enjoyable and useful experience, but as with any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. You are responsible to make adequate investigation to the trade that you are entering. We are a business to business company, if you are unsure what you are buying then please seek independent advice.

General:
These Terms and Conditions of Sale apply to all items offered for sale by LIQUIDITY SERVICES LIMITED, its officers, agents, employees, successors, and assigns trading as UK Liquidation (and hereinafter referred to as Liquidity Services).

Published auctions and offers by Liquidity Services should not be understood as a contractual offer in terms of law, but should be deemed as an invitation to the bidder to submit binding bids.

The term Buyer in the following provisions is defined as a person, a legal entity or a partnership of legal capacity, who upon conclusion of a legal transaction, acts for and within its commercial or individual professional duties on behalf of a business.

Liquidity Services, reserves the right to modify these Terms and Conditions of Sale at any time and any such modification shall become part of these Terms and Conditions of Sale. By participating in a sale, the buyer agrees to be bound by these Terms and Conditions of Sale.

Liquidity Services sells to Registered Companies, Self-Employed, Sole Traders and Resellers; hereinafter referred to as the 'Buyer'.

By pressing the "Submit bid" and "Confirm bid" buttons on the website, each Buyer gives an undertaking to Liquidity Services that they are acting as a Registered Company, Self-Employed, Sole Trader or Reseller.

Liquidity Services requires that prospective buyers provide a suitable email address so that they may be contacted in relation to lots won, collection and payment as well as future sales events if requested. A prospective buyer's registration will not be approved until they receive and acknowledge the email verification that is sent to them as part of the registration process.

Where appropriate the following addresses should be added to the list of permitted addresses within any SPAM blocking systems used by the prospective buyer:

• contacts@uk-liquidation.co.uk

Prospective buyers are also advised to ensure that emails from the above addresses are not directed to their "junk" folder or equivalent.

By using this website you confirm that you are doing so in the course of business and not as a consumer and have authority to bind any business on whose behalf you use this website.

You must ensure that your registration details are up to date and you are responsible to ensure you contact us in any difficulty in doing so. You are responsible for keeping your personal user name and password secure and confidential. You should not share, display, disclose or permit your user name or password to be disclosed to any other party. If you believe that your user name and/or password has become known to another person or you are aware of any breach of security regarding the online services, then you must notify us as soon as possible.

We reserve the right in our absolute discretion to refuse any application to register and access the website services and to temporarily or indefinitely suspend any registered members.

ACCEPTANCE
The Buyer's placement of a bid for purchase of the Goods constitutes acceptance of the said Goods "as is", "where is" and ex-works. By purchasing the Goods the Buyer is deemed to have examined, or had the opportunity to examine the Goods

WARRANTY
Liquidity Services disclaims all warranties, expressed and implied, with respect to the Goods including and without limitation any implied warranties of merchantability, fitness for a particular purpose, or freedom from latent defects. No warranty is offered or implied unless otherwise stated in writing by Liquidity Services.

LIABILITY
Neither Liquidity Services nor their Seller, shall be liable to the Buyer for any claims for damages, losses, costs, penalties, expenses, legal fees, or for any other liabilities of any nature whether:

Arising in contract, tort, or otherwise howsoever caused including without limitation any claims resulting from damage to property caused in whole or in part, directly or indirectly, by the Buyer, its representatives, agents or any third parties arising out of or in connection with the condition, use, operation, transportation, maintenance, possession, rental or sale of the Goods to a third party, negligence, breach of warranty conditions, delay, interruption of business, stoppages of work, failure to warn, operational deficiencies or failures, breakdowns, strikes, acts of God, unavailability of the Goods, or any cause whether avoidable or otherwise (collectively known as "specified claims").

In particular neither Liquidity Services nor their Seller, shall be liable for special, indirect, incidental or consequential damages, especially where the Buyer has been advised of their possible existence.

INDEMNITY
The Buyer shall indemnify, defend, and hold the directors, officers, employees, agents and subcontractors of Liquidity Services and their Seller, harmless from and against any and all specified claims.

DESCRIPTION OF SALE
Liquidity Services at its absolute discretion reserves the right to determine the method of conducting the sale. Notices from Liquidity Services may be transmitted by e-mail, letter, fax or telephone to the e-mail address, fax or telephone numbers provided by the prospective Buyer during registration. Liquidity Services may also provide written notices delivered to the postal address provided by the prospective Buyer during registration.

All potential bidders are advised to read the information provided in the lot information and the procedures included in these Terms and Conditions of Sale, and to inspect the Goods before bids are submitted. There are no warranties, either expressed or implied, and no returns, exchanges or refunds. All Goods will be displayed for on-site viewing by appointment, but Liquidity Services is not required to move items in order to facilitate inspection.

Liquidity Services reserves the right to withdraw any of the Goods at any time prior to the completion of a sale.

PRODUCT INFORMATION
Information provided by Liquidity Services is not guaranteed and should not be considered as a substitute for the prospective Buyer's due diligence in physically inspecting the Goods.

The exact condition of the goods for sale is not known to Liquidity Services and prospective Buyers should therefore note that the information and descriptions listed in advertising material for specific sales are merely for the general identification of the goods and do not represent any characteristics in terms of lawful purchasing. Liquidity Services accepts no responsibility nor makes any warranties regarding the contents of a sale. Information in the Lot and Items descriptions are provided to assist prospective Buyers, but the accuracy of this information is not guaranteed. It remains the prospective Buyer's responsibility to verify the information provided, including but not limited to item description, condition, quantity, estimated weight or other factors that determine the bid price.

Where Liquidity Services provides the buyer with a translation of information and descriptions Liquidity Services herewith excludes any and all liability for or in connection with the accuracy or completeness of the translation.

Product(s) for sale via the website fall into one of the following five Conditions:

NEW These are products that have not been previously owned by customers. Most stock will be factory sealed some maybe ex-display. All stock is traded without guarantee unless stated on the auctions.

REFURBISHED These goods have been reconditioned. This means that once returned they have been processed, tested, fixed and repackaged.

RETURNS These products have been returned to either a high street chain or to the manufacture and will contain working and non working products. All products will require testing and or repair before resale. On occasions the products maybe products that have been refurbished and then failed again when on test.

SURPLUS This grade contains shelf pulls and/or warehouse stock. All products should be factory sealed and of a reasonable quality. This grade may also contain out of date merchandise.

SALVAGE This product is sold for spares or repair. When buying this product the buyer is responsible for ensuring that all local recycling and disposal laws are adhered to.

USED This grade relates to sale of equipment such as vehicles, machinery, Display material. Each listings will supply further details of the condition of each particular lot.

TRUCKLOADS

EXPORT ONLY This is where there is a stipulation that the product must be exported outside of the UK (Other restrictions may be listed and apply) We will require proof of shipping to confirm the sellers requirements are met.

NO GUARANTEES ARE OFFERED OR IMPLIED ON ANY OF OUR PRODUCTS, UNLESS OTHERWISE STATED.

Merchandise listings indicating those product(s) for auction via the website will contain a brief description of each item, the unit quantity, the original retail selling price where available including VAT. The retail price information is provided as a guide for valuation purposes. The quantity figures are provided in good faith, but discrepancies may occur.

No statement made by any person as to the quality or condition of any merchandise on offer is to be relied upon for the purpose of making an offer to purchase. All merchandise is sold on an "as seen" basis. It is the prerogative of a prospective purchaser to inspect the merchandise offered for sale. We will assume that such an inspection has been made by you. Arrangement to inspect must be made via the ask seller facility on this site. Inspection will be allowed on reasonable notice to assess the condition only.

By submitting a bid to purchase the product(s), you acknowledge and agree that you are not an agent of Liquidity services or any of our suppliers. You must undertake following any purchase to remove any markings, brand labels or other identification from the product(s) that identify the supplier. In particular, any retailer catalogue or manufactures catalogue numbers or paperwork must be removed.

REMOVAL OF CATALOGUE NUMBER & CATALOGUE BRANDS

Warning - This will affect your business

It is a standard requirement of supply that all traders adhere to the rules and regulations laid out below.

All Catalogue Numbers or markings must either be crossed out with a permanent marker or obliterated from any and all cartons and boxes before re-sale i.e.

Cat no. PT601
Cat No 559871

Any item carrying the Name or Brand of the original supplier must be crossed out with a permanent marker or obliterated from any and all cartons and Boxes before re-sale i.e.

Argos
JMB

On no occasion will any catalogue or other promotional literature belonging to any catalogue or high street store be used in connection with the re-sale of any item, or be in view of or be unattended in a public place where stocks are being sold by the trader or anybody acting on his behalf. This also applies to information on any of the suppliers web sites.

There must be no use of the catalogue name or associated companies in any form for any reason in connection with the resale.

Any Trader found in breach of these rules will have further supplies of stock halted and may face legal action from the original suppliers and ourselves.

Returns

No returns will be accepted and no credit will be allowed for previously undiscovered defects, discrepancies in description or in quoted quantities.

AUCTION DETAILS
Liquidity Services reserves the right at any time, without giving any reason or cause, to refuse any individual or organisation access to any or all sales.

At its absolute discretion, Liquidity Services reserves the right to reject any, or all bids.

Liquidity Services cannot guarantee that its system for placing, receiving, collecting and tabulating bids over the Internet will be available without interruption, free from errors or other defects. Neither shall Liquidity Services accept any liability with respect to any claim or allegation that a prospective Buyer's bid was not received, properly or effectively processed, or accepted due to technical errors or problems with the auction system of the Website.

PROXY-BIDDING
This feature will hold the prospective Buyer's bid, automatically raising it by the increments shown below in response to other bids until either the prospective Buyer has been successful in winning the Lot, or their pre-determined bidding limit has been reached.

0.01p to £50 at £1 increment
£50 to £250 £5 increment
£250 to £1000 at £10 increment
£1000 upwards £20 increment

BID RETRACTIONS
No adjustment will be made to the winning bid due to any error in the bidding process, or any other discrepancy regarding description, condition, quantity, estimated weight or other factors that may influence the final bid price of a Lot.

PAYMENT TERMS
Payment in full (including the Buyers premium) is required within 3 working days of the presentation of successful bidder email and the Buyer is required to pay the total purchase price before the Goods may be removed either from Liquidity Services' premises or from the location where the Goods have been made available for sale. Auction winners based outside the UK can only make payment by wire transfer at this time. Please note that buyers are responsible for any banking charges that may occur and all transactions must be in GBP Sterling.

VAT at the current rate will be added to the purchase price. Buyers who are located outside of the EU and EU buyers that buy from outside their country of registration and who include their VAT number at the time of registration will not be charged VAT.

To prove indemnity from VAT charges and to fulfil requirements with the UK Customs and Excise Authority, Liquidity Services requires a copy of the airway bill or bill of lading to be provided after export.

If proof of export is not provided VAT at the prevailing rate will be charged and an additional invoice will be raised to recover this amount.

If the buyer fails to pay the full purchase price within the time specified, Liquidity Services, with notice, may at its absolute discretion resell items that are not paid for. The buyer will be invoiced with 25% of the outstanding purchase price (or minimum 100 GBP) as liquidated damages for breach of contract. Furthermore Liquidity Services may at its absolute discretion suspend the buyer from further activities on the website. In such cases the buyer will be notified.

A sale is considered completed when the items have been paid for in full, AND when the property has been collected by the buyer or dispatched for delivery.

If the buyer chooses collection and fails to either pay for the goods to be delivered or fails to collect the goods within 3 days of winning the auction, Liquidity Services, may at its absolute discretion resell the items that are paid for. The buyer will be invoiced with 25% of the outstanding purchase price (or minimum 100 GBP) as liquidated damages for breach of contract. Furthermore, Liquidity Services may at its absolute discretion suspend the buyer from further activities on the website. In such cases the buyer will be notified.

VAT/TAXES
The Buyer shall be liable for all taxes arising from the purchase of items from Liquidity Services.

SHIPPING AND DELIVERY
Delivery charges are optional and are not included in the bid price. If delivery is required the buyer must pay for this in addition to the purchase price. Buyers based outside the United Kingdom must arrange their own shipping at their own expense and must contact us prior to making any shipping/collection arrangements. UK –Liquidation requires at least 24 hours notice before collection. Failure to notify us of your collection could result in delay or non release of your products.
The buyer is responsible for all shipping costs including any duties and taxes for international shipments.

The buyer may collect from the product location or alternatively, the seller can arrange for delivery. If the buyer wishes to collect from the product location, the (purchase) credit /debit card holder MUST be present to complete the transaction along with proof of purchase and additional ID if required. The buyer may also be required to sign a product release form to remove the stock from the pickup location to complete the transaction.

The Buyer, or his authorised agent, shall be responsible for inspecting and counting the Goods at the time of removal. After this time, claims related to any information provided by the Lot description or Item description will not be accepted.

From time to time Liquidity Services may provide Delivery Information which provides indicative prices for the transportation of typical goods. Such information is for guidance purposes only and is not guaranteed. A buyer that wishes to make use of this optional delivery service is required to make arrangements on an individual basis with Liquidity Services after they have received confirmation that they have won the auction. The exact price for delivery will be communicated to the buyer by email and will be invoiced separately. Goods will not be dispatched until both the goods and delivery has been paid for.

DISPUTES
All disputes must be submitted to Liquidity Services in writing and must include the lot number(s), the customer user ID and the invoice number, along with a narrative describing the basis for the dispute. Disputes must be received by us on the day of delivery or collection.

Disputes arising from purchases made in the UK may be submitted via: The My Account section of the website, using the feedback form

Claims related to property condition, minor count discrepancies or buyer's failure to inspect the merchandise prior to bidding/removal will not be accepted.

HAZARDOUS GOODS
Liquidity Services will make every effort to disclose known hazards to potential buyers. The buyer acknowledges, however, that some goods may contain hazardous components.

The Buyer hereby agrees to defend, indemnify and hold Liquidity Services harmless from and against any and all damages, costs, claims or liability, including legal fees, for any injuries to persons or property of any type whatsoever, occurring during or resulting from the sale, removal, use or operation of the purchased Goods.

LEGAL
Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

Liquidity services will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website.

If any provision of these Terms and Conditions of Sale is deemed illegal, invalid or unenforceable the legality, validity and enforceability of the remaining parts shall not be affected.

Failure or neglect by Liquidity Services to enforce any provision of these Terms and Conditions of Sale shall not be construed or interpreted as a waiver of the said Conditions. No waiver of any term or condition shall have legal effect unless expressed in writing and signed by an authorised representative of Liquidity Services, and shall only be valid for the instance(s) so specified.

All business transacted between a buyer and Liquidity Services and any dispute or action arising from the application of these Terms and Conditions of Sale shall be exclusively governed by and in accordance with the law of England without regard to conflict of laws, provisions as well as the United Nations Convention on the International Sale of Goods. The English Courts will have exclusive jurisdiction to deal with any disputes arising.

By clicking on the "Submit Bid" and "Confirm Bid" button, and hence participating in a sale, the Buyer acknowledges having read and understood these Terms and Conditions of Sale, and agrees to be bound by them.

These Terms and Conditions of Sale are effective as of January 1, 2008.

Please address all enquiries to:

UK Liquidation
9 Northfield Drive
Milton Keynes
Buckinghamshire
Mk15 0DQ
Registered Company Number: 4843035

VAT NUMBER: 821 5060 67

We recommend that you print out a copy of these terms and conditions for your future reference.