B278 - November Timed Online Auction Closed
A Selection of Registrations in a Timed Online Auction.
JOHN PYE AUCTIONS – DVLA AUCTIONS OF PERSONALISED REGISTRATIONS TERMS & CONDITIONS
1. INTERPRETATION
1.1 The defined terms used within these Terms have the following meanings:
1.3 References to writing in these Terms includes email but not faxes.
1.4 References to a person includes an individual, corporate or unincorporated body (whether or not having separate legal personality).
1.5 Except where the context otherwise requires, words in the singular shall include the plural and vice versa. Words denoting one gender shall include all genders.
1.6 References to a statute or statutory provision is a reference to it as in force for the time being, taking account of any amendment, extension or re-enactment and includes subordinate legislation made under it.
1.7 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.8 All sales and purchases of any Lot or Lots, where JOHN PYE AUCTIONS acts as agent for the Seller, shall be subject to these Terms.
1.9 The Buyer's attention is drawn in particular to the provisions of clause 12.
“Appropriate Vehicle” means the vehicle which complies with the conditions specified in paragraph 10 of the Regulations.
"Bid" has the meaning given in clause 4.3.
"Bidder" a person or body of persons corporate or unincorporate who places a Bid for the Lot.
"Buyer Premium" 3% of the Hammer Price of the Lot.
"Buyer" means the Bidder that places a bid which becomes the Hammer Price at completion of the auction and who purchases the Lot pursuant to clause 4.6.
“Certificate” means the Certificate of Entitlement in relation to the Right to be issued by the DVLA to the Buyer.
"Contract" has the meaning given in clause 4.6.
“Cyber Security Incident” an event which compromises the availability, alteration, authenticity, access to, integrity, confidentiality of the Website or causes the unauthorised destruction of stored, transmitted or processed data or of the services offered or accessible via the Website and its network and information system.
"Deposit" a monetary deposit payable to JPS by a Bidder that wishes to place a bid for an amount higher than the initial Spending Limit automatically applied to every account upon completion of registration.
“DVLA” means the Driver & Vehicle Licensing Agency, an executive agency of the Department for Transport that is responsible for the registration and licensing of vehicles in the UK.
"Hammer Price" the highest Bid placed in respect of a Lot and which is accepted by JOHN PYE AUCTIONS. For the avoidance of doubt, the Hammer Price is exclusive of VAT.
"Intellectual Property Rights" means all copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Invoice” means the invoice sent to the Buyer by JOHN PYE AUCTIONS for a particular auction. The invoice will list the Lot, or the Lots purchased by the Buyer at that auction and the total sum due under that invoice. If Lots are listed, the Buyer acknowledges and agrees that each Lot is under a separate contract between the Buyer and the Seller.
"JOHN PYE AUCTIONS" means John Pye & Sons Limited (company number: 02564753) with registered office at James Shipstone House, Radford Road, Nottingham, NG7 7EA. VAT number: 117777249.
"Lot" means in each case the Relevant Right allocated with a specific lot number in a particular auction, to be acquired by the Buyer from the Seller. The defined term Lot in these Terms is a reference to a single lot. For the avoidance of any doubt “Lot” is not interchangeable with “Invoice” and therefore all and any fees and charges defined as payable per Lot in these Terms are calculated per Lot and not per Invoice.
“Regulations” means the Sale of Registration Marks Regulations 1985.
“Relevant Right” means a right acquired by the Buyer from the Seller to have assigned to an Appropriate Vehicle registered in the name of the Buyer or a person nominated by them, a registration number in accordance with the Regulations.
"Seller" means the Secretary of State for Transport, which authorises the DVLA to sell the Lot on its behalf.
“Spending Limit” means the initial limit applied to each Bidder upon completion of registration, which limit may be increased upon payment of the appropriate Deposit.
"Terms" means these terms and conditions for general auctions.
"Thirty Minute Rule" has the meaning given in clause 3.10.
"Website"Dvlaauction.co.uk
"Working Days" a day, other than a Saturday or Sunday or public holiday in England, when JOHN PYE AUCTIONS is open for business.
1.2 Clause headings shall not affect the interpretation of these Terms."Bid" has the meaning given in clause 4.3.
"Bidder" a person or body of persons corporate or unincorporate who places a Bid for the Lot.
"Buyer Premium" 3% of the Hammer Price of the Lot.
"Buyer" means the Bidder that places a bid which becomes the Hammer Price at completion of the auction and who purchases the Lot pursuant to clause 4.6.
“Certificate” means the Certificate of Entitlement in relation to the Right to be issued by the DVLA to the Buyer.
"Contract" has the meaning given in clause 4.6.
“Cyber Security Incident” an event which compromises the availability, alteration, authenticity, access to, integrity, confidentiality of the Website or causes the unauthorised destruction of stored, transmitted or processed data or of the services offered or accessible via the Website and its network and information system.
"Deposit" a monetary deposit payable to JPS by a Bidder that wishes to place a bid for an amount higher than the initial Spending Limit automatically applied to every account upon completion of registration.
“DVLA” means the Driver & Vehicle Licensing Agency, an executive agency of the Department for Transport that is responsible for the registration and licensing of vehicles in the UK.
"Hammer Price" the highest Bid placed in respect of a Lot and which is accepted by JOHN PYE AUCTIONS. For the avoidance of doubt, the Hammer Price is exclusive of VAT.
"Intellectual Property Rights" means all copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Invoice” means the invoice sent to the Buyer by JOHN PYE AUCTIONS for a particular auction. The invoice will list the Lot, or the Lots purchased by the Buyer at that auction and the total sum due under that invoice. If Lots are listed, the Buyer acknowledges and agrees that each Lot is under a separate contract between the Buyer and the Seller.
"JOHN PYE AUCTIONS" means John Pye & Sons Limited (company number: 02564753) with registered office at James Shipstone House, Radford Road, Nottingham, NG7 7EA. VAT number: 117777249.
"Lot" means in each case the Relevant Right allocated with a specific lot number in a particular auction, to be acquired by the Buyer from the Seller. The defined term Lot in these Terms is a reference to a single lot. For the avoidance of any doubt “Lot” is not interchangeable with “Invoice” and therefore all and any fees and charges defined as payable per Lot in these Terms are calculated per Lot and not per Invoice.
“Regulations” means the Sale of Registration Marks Regulations 1985.
“Relevant Right” means a right acquired by the Buyer from the Seller to have assigned to an Appropriate Vehicle registered in the name of the Buyer or a person nominated by them, a registration number in accordance with the Regulations.
"Seller" means the Secretary of State for Transport, which authorises the DVLA to sell the Lot on its behalf.
“Spending Limit” means the initial limit applied to each Bidder upon completion of registration, which limit may be increased upon payment of the appropriate Deposit.
"Terms" means these terms and conditions for general auctions.
"Thirty Minute Rule" has the meaning given in clause 3.10.
"Website"Dvlaauction.co.uk
"Working Days" a day, other than a Saturday or Sunday or public holiday in England, when JOHN PYE AUCTIONS is open for business.
1.3 References to writing in these Terms includes email but not faxes.
1.4 References to a person includes an individual, corporate or unincorporated body (whether or not having separate legal personality).
1.5 Except where the context otherwise requires, words in the singular shall include the plural and vice versa. Words denoting one gender shall include all genders.
1.6 References to a statute or statutory provision is a reference to it as in force for the time being, taking account of any amendment, extension or re-enactment and includes subordinate legislation made under it.
1.7 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.8 All sales and purchases of any Lot or Lots, where JOHN PYE AUCTIONS acts as agent for the Seller, shall be subject to these Terms.
1.9 The Buyer's attention is drawn in particular to the provisions of clause 12.
2. ROLE OF JOHN PYE AUCTIONS
2.1 JOHN PYE AUCTIONS acts as agent for the Seller. Any contract for sale of the Lot is made directly between the Seller and the Buyer, JOHN PYE AUCTIONS shall have no responsibility for the actions or the omissions of the Seller, the Buyer or any other party.
3. ENTERING AN AUCTION AND AUCTION CONDUCT
3.1 Before a Bidder can participate in a JOHN PYE AUCTIONS auction, the Bidder must complete registration with JOHN PYE AUCTIONS on the Website. JOHN PYE AUCTIONS reserves the right to refuse to register Bidders with a history of late or non-payment relating to the purchase of registrations from the DVLA.
3.2 Each Bidder is subject to an initial Spending Limit of £1,000. If a Bidder wishes, they may increase the Spending Limit, but before the Bidder can bid up to the increased Spending Limit, they must pay a sum to JOHN PYE AUCTIONS by way of Deposit, so that the sum held by JOHN PYE AUCTIONS represents 10% of the total, now increased, Spending Limit.
3.3 These Terms are binding on the Bidder from the date the Bidder completes registration on the Website and must be accepted for each and every individual auction before a Bidder may place a bid.
3.4 JOHN PYE AUCTIONS and/or the Seller may in its absolute discretion and without providing any reason:
3.6 The Website is provided "as is" and the availability of the Website may not be uninterrupted or error free. JOHN PYE AUCTIONS gives no warranty as to the availability of the Website or any content on the Website, and neither JOHN PYE AUCTIONS nor the Seller shall be liable to the Bidder or Buyer for any loss of connection with the Website at any time nor for any alleged losses arising out of a Cyber Security Incident.
3.7 The Bidder and the Buyer shall comply with all JOHN PYE AUCTIONS’ policies as issued or made available via the Website from time to time including without limitation the conditions of website use.
3.8 The Seller and JOHN PYE AUCTIONS reserve the right to use at any time, both before and after completion of an auction, any information (except for the identity of the Buyer, which shall not be disclosed) regarding the sale of the Lot(s) for promotional purposes.
3.9 The Seller further reserves the right to publish the Hammer Price for any Lot in any format it deems fit, and the Purchaser hereby agrees to such publication.
3.10 JOHN PYE AUCTIONS operates its DVLA auctions under these Terms using a "Thirty Minute Rule". This means that if a Bidder places a Bid thirty or fewer minutes before the expected end of the auction for the Lot, the auction for the Lot will automatically continue for an additional thirty minutes starting from the time that Bid is placed (for the avoidance of doubt, the Thirty Minute Rule will apply to every subsequent Bid placed (if any) until there are no subsequent Bids placed). The time displayed on JOHN PYE AUCTIONS’ server, shall be used to establish the end time of the auction, subject to the Thirty Minute Rule. No bids shall be accepted after the end of the auction.
13. DATA PROTECTION
3.2 Each Bidder is subject to an initial Spending Limit of £1,000. If a Bidder wishes, they may increase the Spending Limit, but before the Bidder can bid up to the increased Spending Limit, they must pay a sum to JOHN PYE AUCTIONS by way of Deposit, so that the sum held by JOHN PYE AUCTIONS represents 10% of the total, now increased, Spending Limit.
3.3 These Terms are binding on the Bidder from the date the Bidder completes registration on the Website and must be accepted for each and every individual auction before a Bidder may place a bid.
3.4 JOHN PYE AUCTIONS and/or the Seller may in its absolute discretion and without providing any reason:
3.4.1 limit or restrict who can participate in an auction for the Lot;
3.4.2 refuse to accept and/or may reject a Bid at any time prior to formation of the Contract for the sale of any Lot;
3.4.3 remove a Lot from sale prior to formation of the Contract (and may then re-auction the Lot); and/or
3.4.4 cancel any Bid made at any time (including after formation of the Contract pursuant to clause 4.5) following a Cyber Security Incident.
3.5 Any dispute between a Bidder and the Seller or JOHN PYE AUCTIONS, or the Buyer and the Seller or JOHN PYE AUCTIONS, shall be referred to JOHN PYE AUCTIONS for resolution.3.4.2 refuse to accept and/or may reject a Bid at any time prior to formation of the Contract for the sale of any Lot;
3.4.3 remove a Lot from sale prior to formation of the Contract (and may then re-auction the Lot); and/or
3.4.4 cancel any Bid made at any time (including after formation of the Contract pursuant to clause 4.5) following a Cyber Security Incident.
3.6 The Website is provided "as is" and the availability of the Website may not be uninterrupted or error free. JOHN PYE AUCTIONS gives no warranty as to the availability of the Website or any content on the Website, and neither JOHN PYE AUCTIONS nor the Seller shall be liable to the Bidder or Buyer for any loss of connection with the Website at any time nor for any alleged losses arising out of a Cyber Security Incident.
3.7 The Bidder and the Buyer shall comply with all JOHN PYE AUCTIONS’ policies as issued or made available via the Website from time to time including without limitation the conditions of website use.
3.8 The Seller and JOHN PYE AUCTIONS reserve the right to use at any time, both before and after completion of an auction, any information (except for the identity of the Buyer, which shall not be disclosed) regarding the sale of the Lot(s) for promotional purposes.
3.9 The Seller further reserves the right to publish the Hammer Price for any Lot in any format it deems fit, and the Purchaser hereby agrees to such publication.
3.10 JOHN PYE AUCTIONS operates its DVLA auctions under these Terms using a "Thirty Minute Rule". This means that if a Bidder places a Bid thirty or fewer minutes before the expected end of the auction for the Lot, the auction for the Lot will automatically continue for an additional thirty minutes starting from the time that Bid is placed (for the avoidance of doubt, the Thirty Minute Rule will apply to every subsequent Bid placed (if any) until there are no subsequent Bids placed). The time displayed on JOHN PYE AUCTIONS’ server, shall be used to establish the end time of the auction, subject to the Thirty Minute Rule. No bids shall be accepted after the end of the auction.
4. BASIS OF SALE & CONTRACT FORMATION
4.1 The Buyer acknowledges and accepts that the Contract is not a consumer contract for the purposes of the Consumer Rights Act 2015. To the fullest extent permitted by law all express and implied warranties and conditions are excluded from the Contract.
4.2 Where JOHN PYE AUCTIONS indicates that it is prepared to sell the Lot by auction, such an indication shall constitute an invitation to treat and not an offer to sell.
4.3 The Bidder may place a bid on the Website by clicking the "Submit max bid" button for the Lot and submitting the requested information. By submitting a bid for the Lot ("Bid"), the Bidder makes an offer to JOHN PYE AUCTIONS to purchase the Lot on these Terms.
4.4 The Bidder may not retract its Bid at any time.
4.5 The Buyer shall be the highest Bidder at the end of the auction of the Lot (which shall be the time stated on JPS’ server), subject to the Thirty Minute Rule); at this point a contract for the sale and purchase of the Lot on these Terms shall come into existence between the Seller and the relevant Bidder who is then the Buyer ("Contract"), subject also to JOHN PYE AUCTIONS' right to reject Bids and to the Seller’s right to withdraw a Lot from auction under clause 3.4.2 and subject to the Seller and JOHN PYE AUCTIONS’ rights to terminate the Contract under clause 10.
4.6 The Buyer acknowledges and accepts that it has no right to cancel the Contract or return the Lot.
4.2 Where JOHN PYE AUCTIONS indicates that it is prepared to sell the Lot by auction, such an indication shall constitute an invitation to treat and not an offer to sell.
4.3 The Bidder may place a bid on the Website by clicking the "Submit max bid" button for the Lot and submitting the requested information. By submitting a bid for the Lot ("Bid"), the Bidder makes an offer to JOHN PYE AUCTIONS to purchase the Lot on these Terms.
4.4 The Bidder may not retract its Bid at any time.
4.5 The Buyer shall be the highest Bidder at the end of the auction of the Lot (which shall be the time stated on JPS’ server), subject to the Thirty Minute Rule); at this point a contract for the sale and purchase of the Lot on these Terms shall come into existence between the Seller and the relevant Bidder who is then the Buyer ("Contract"), subject also to JOHN PYE AUCTIONS' right to reject Bids and to the Seller’s right to withdraw a Lot from auction under clause 3.4.2 and subject to the Seller and JOHN PYE AUCTIONS’ rights to terminate the Contract under clause 10.
4.6 The Buyer acknowledges and accepts that it has no right to cancel the Contract or return the Lot.
5. WARRANTIES
5.1 The Bidder represents and warrants and undertakes that:
5.1.1 it is the registered user of the online bidding account set up via the Website and used to place the Bid and will ensure the login details for that account are not disclosed to anyone;
5.1.2 it has the necessary right, power and authority to enter into the Contract (if its Bid is accepted by JOHN PYE AUCTIONS and the Seller as the Hammer Price and the Contract is formed in accordance with clause 4.6) and to be legally bound by the terms hereunder;
5.1.3 it will be liable for all bids placed using its online bidding account, including the obligation to pay on time and in full for any Lot that is the subject of a successful bid placed using that account;
5.1.4 where the Bidder is an individual, he/she is at least 18 years old;
5.1.5 it has the right to use a UK address to which the Certificate will be sent once a Contract is formed pursuant to clause 4.5 above and payment made pursuant to clause 8 below.
5.1.6 where the Bidder is an individual (not a limited company or other corporate body) the online bidding account will be held in their sole name, and they will be the only person to use and able to access the online bidding account; and
5.1.7 it has read and accepts these Terms and commits to buying the Lot if its Bid is accepted by JOHN PYE AUCTIONS.
5.1.2 it has the necessary right, power and authority to enter into the Contract (if its Bid is accepted by JOHN PYE AUCTIONS and the Seller as the Hammer Price and the Contract is formed in accordance with clause 4.6) and to be legally bound by the terms hereunder;
5.1.3 it will be liable for all bids placed using its online bidding account, including the obligation to pay on time and in full for any Lot that is the subject of a successful bid placed using that account;
5.1.4 where the Bidder is an individual, he/she is at least 18 years old;
5.1.5 it has the right to use a UK address to which the Certificate will be sent once a Contract is formed pursuant to clause 4.5 above and payment made pursuant to clause 8 below.
5.1.6 where the Bidder is an individual (not a limited company or other corporate body) the online bidding account will be held in their sole name, and they will be the only person to use and able to access the online bidding account; and
5.1.7 it has read and accepts these Terms and commits to buying the Lot if its Bid is accepted by JOHN PYE AUCTIONS.
6. RESPONSIBILITY FOR THE CONTRACT
6.1 All Bidders:
6.1.1 must act only on their account, and not as agent for or for the ultimate benefit of a third party except as provided for in clause 6.2 below; and
6.1.2 acknowledge that if the Bidder becomes the Buyer pursuant to clause 4.5, only the Buyer’s name shall be recorded as purchaser on the Certificate.
6.2 Without prejudice to clause 6.1, if the Bidder wishes a third party to be named as a nominee on the Certificate first produced after the end of the auction for the Lot, they must provide the full name of that third party to JOHN PYE AUCTIONS before making payment for the Lot(s), or within five Working Days of the end of the auction, whichever is sooner. Nothing in this clause 6.2 shall affect the Buyer’s future ability to remove or change the party named as nominee on the Certificate.6.1.2 acknowledge that if the Bidder becomes the Buyer pursuant to clause 4.5, only the Buyer’s name shall be recorded as purchaser on the Certificate.
7. RISK & TITLE
7.1 JOHN PYE AUCTIONS is acting as agent of the Seller only and gives no warranty as to the Seller's title to the Lot.
7.2 Title to the Lot and to any Intellectual Property Rights which may subsist in the Lot shall never pass to the Buyer.
7.3 Risk in the Lot shall pass to the Buyer from the date that the Certificate is received.
7.4 Until risk passes to the Buyer, the risk in the Lot remains with the Seller.
7.5 It is the Buyer's sole responsibility (if appropriate) to obtain adequate insurance for the Lot from the time that risk passes to the Buyer. JOHN PYE AUCTIONS and the Seller shall have no liability for the loss or theft of, or damage to, the Lot after this time.
7.6 Once JOHN PYE AUCTIONS has received from the Buyer payment in full for all sums due to JOHN PYE AUCTIONS and the Seller under these terms (including any sums due to JOHN PYE AUCTIONS or the Seller in respect of any other Lots sold to the Buyer), the Buyer will become entitled to receive the Certificate(s) from the DVLA.
7.2 Title to the Lot and to any Intellectual Property Rights which may subsist in the Lot shall never pass to the Buyer.
7.3 Risk in the Lot shall pass to the Buyer from the date that the Certificate is received.
7.4 Until risk passes to the Buyer, the risk in the Lot remains with the Seller.
7.5 It is the Buyer's sole responsibility (if appropriate) to obtain adequate insurance for the Lot from the time that risk passes to the Buyer. JOHN PYE AUCTIONS and the Seller shall have no liability for the loss or theft of, or damage to, the Lot after this time.
7.6 Once JOHN PYE AUCTIONS has received from the Buyer payment in full for all sums due to JOHN PYE AUCTIONS and the Seller under these terms (including any sums due to JOHN PYE AUCTIONS or the Seller in respect of any other Lots sold to the Buyer), the Buyer will become entitled to receive the Certificate(s) from the DVLA.
8. PRICE & PAYMENT
8.1 The price payable by the Buyer for the Lot shall be:
8.3 The Buyer shall pay for the Lot in full and in cleared funds on creation of the Contract (see clause 4.6) and in any event by no later than by 11.59pm within five Working Days of the date that the sale is concluded pursuant to clause 4.6 or such other time as is specified by JOHN PYE AUCTIONS. Time for payment is of the essence.
8.4 Payment must be made in British Pound Sterling (GBP) and can be made by CHAPS, bank transfer or online payment (using the Website) or as otherwise specified by JOHN PYE AUCTIONS. The Buyer must state the Invoice number along with the reference code specified (if any) when making payment. For queries about payment, please contact the JOHN PYE AUCTIONS’ accounts department.
8.5 All amounts due under these Terms from the Buyer shall be paid in full without set-off, withholding or deduction; however, if the Buyer has paid a Deposit, the amount of that Deposit will be deducted from the amounts due under these Terms and shown on the Buyer’s invoice.
8.6 The Buyer acknowledges and agrees that payment for the amounts due to JOHN PYE AUCTIONS must be received in full by JOHN PYE AUCTIONS before JOHN PYE AUCTIONS will notify the Seller that the Buyer has purchased the Lot.
8.7 Subject to clause 10, where a Bidder has paid a Deposit, JOHN PYE AUCTIONS will return the Deposit to the Bidder (unless the Deposit is applied as part payment against the Invoice pursuant to clause 8.5) within three Working Days of the end of the auction, including in circumstances where the Bidder becomes the Buyer.
8.8 If the Buyer fails to pay in cleared funds the amounts due to JOHN PYE AUCTIONS by the due date for payment then, without prejudice to any other right or remedy that JOHN PYE AUCTIONS may have, JOHN PYE AUCTIONS shall be entitled to charge the Buyer fees of £20 or 1% of the Hammer Price, whichever sum is higher, which fees will be applied to the Buyer’s Invoice on the first day after the due date for payment. The same amounts listed above in this clause will further be applied to the Buyer’s Invoice on each of the second, third, fourth and fifth days after the due date for payment providing that the Invoice remains unpaid in full or part.
8.1.1 the Hammer Price;
8.1.2 the Buyer Premium;
8.1.3 the £80 assignment fee;
8.1.4 any other fees or charges specified in clause 8.8; and
8.1.5 VAT at the prevailing rate on the Hammer Price and the Buyer Premium.
8.2 The Lot is sold exclusive of VAT which (if applicable) shall be payable by the Buyer at the prevailing rate in addition pursuant to clause 8.1.5.8.1.2 the Buyer Premium;
8.1.3 the £80 assignment fee;
8.1.4 any other fees or charges specified in clause 8.8; and
8.1.5 VAT at the prevailing rate on the Hammer Price and the Buyer Premium.
8.3 The Buyer shall pay for the Lot in full and in cleared funds on creation of the Contract (see clause 4.6) and in any event by no later than by 11.59pm within five Working Days of the date that the sale is concluded pursuant to clause 4.6 or such other time as is specified by JOHN PYE AUCTIONS. Time for payment is of the essence.
8.4 Payment must be made in British Pound Sterling (GBP) and can be made by CHAPS, bank transfer or online payment (using the Website) or as otherwise specified by JOHN PYE AUCTIONS. The Buyer must state the Invoice number along with the reference code specified (if any) when making payment. For queries about payment, please contact the JOHN PYE AUCTIONS’ accounts department.
8.5 All amounts due under these Terms from the Buyer shall be paid in full without set-off, withholding or deduction; however, if the Buyer has paid a Deposit, the amount of that Deposit will be deducted from the amounts due under these Terms and shown on the Buyer’s invoice.
8.6 The Buyer acknowledges and agrees that payment for the amounts due to JOHN PYE AUCTIONS must be received in full by JOHN PYE AUCTIONS before JOHN PYE AUCTIONS will notify the Seller that the Buyer has purchased the Lot.
8.7 Subject to clause 10, where a Bidder has paid a Deposit, JOHN PYE AUCTIONS will return the Deposit to the Bidder (unless the Deposit is applied as part payment against the Invoice pursuant to clause 8.5) within three Working Days of the end of the auction, including in circumstances where the Bidder becomes the Buyer.
8.8 If the Buyer fails to pay in cleared funds the amounts due to JOHN PYE AUCTIONS by the due date for payment then, without prejudice to any other right or remedy that JOHN PYE AUCTIONS may have, JOHN PYE AUCTIONS shall be entitled to charge the Buyer fees of £20 or 1% of the Hammer Price, whichever sum is higher, which fees will be applied to the Buyer’s Invoice on the first day after the due date for payment. The same amounts listed above in this clause will further be applied to the Buyer’s Invoice on each of the second, third, fourth and fifth days after the due date for payment providing that the Invoice remains unpaid in full or part.
9. DELIVERY
9.1 Once payment in cleared funds for all sums due from the Buyer has been received in full by JOHN PYE AUCTIONS, JOHN PYE AUCTIONS shall provide the Seller with details of all Lots sold in the auction, including the Hammer Price, and the identity and contact details of the Buyer of each Lot. DVLA will post the Certificate(s) of Entitlement (V750) to the Buyer. Time for delivery of the Certificate(s) to the Buyer is not of the essence.
10. BUYER DEFAULT
Non-Payment
10.1 If the Buyer fails to pay in full any of the amounts due under the Contract(s) on or before the due date for payment, without prejudice to any other right or remedy that the Seller and/or JOHN PYE AUCTIONS may have, JOHN PYE AUCTIONS and/or the Seller may do any or all of the following:
10.2 The Seller and/or JOHN PYE AUCTIONS can terminate the Contract without incurring any liability to the Buyer and without prejudice to any other right or remedy that the Seller and/or JOHN PYE AUCTIONS may have, if:
10.5 The Buyer shall indemnify and keep indemnified JOHN PYE AUCTIONS and the Seller against all liabilities, costs, claims, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered, incurred or paid by JOHN PYE AUCTIONS and/or the Seller arising out of or in connection with the termination of the Contract (except where terminated pursuant to clause 10.2.2 or clause 10.2.3) and resale of the Lot.
10.6 If the Buyer commits a breach of these Terms, JOHN PYE AUCTIONS reserves the right to reject or ignore any bids or offers made by or on behalf of the Buyer at a future auction or sale.
10.1.1 terminate the Contract 13 days after the day on which the auction ends;
10.1.2 retain the Deposit paid by the Buyer (if any);
10.1.3 charge the Buyer for fees owed in respect of costs incurred by JOHN PYE AUCTIONS and the Seller as set out in clause 8.7. For the avoidance of any doubt those costs are payable per individual Lot;
10.1.4 refuse to accept, and may reject, any Bid placed or which the Buyer attempts to place in a different or future DVLA auction or otherwise restrict or close the Buyer’s account;
10.1.5 withhold the sale and/or release to the Buyer of any other Lot until the earlier of the date that the Buyer pays all amounts due under the Contract in full or the date that the Seller terminates the Contract.
Termination10.1.2 retain the Deposit paid by the Buyer (if any);
10.1.3 charge the Buyer for fees owed in respect of costs incurred by JOHN PYE AUCTIONS and the Seller as set out in clause 8.7. For the avoidance of any doubt those costs are payable per individual Lot;
10.1.4 refuse to accept, and may reject, any Bid placed or which the Buyer attempts to place in a different or future DVLA auction or otherwise restrict or close the Buyer’s account;
10.1.5 withhold the sale and/or release to the Buyer of any other Lot until the earlier of the date that the Buyer pays all amounts due under the Contract in full or the date that the Seller terminates the Contract.
10.2 The Seller and/or JOHN PYE AUCTIONS can terminate the Contract without incurring any liability to the Buyer and without prejudice to any other right or remedy that the Seller and/or JOHN PYE AUCTIONS may have, if:
10.2.1 the Buyer fails to pay any sum due by the due date for payment;
10.2.2 a third party provides evidence satisfactory to the Seller that it has superior right or entitlement to the Lot;
10.2.3 the Seller, or other government or public authority issues a restriction or prohibition on sale or requires the sale of the Lot to be terminated, and the Contract shall be deemed terminated from either (a) 00.01h 13 days after the end of the auction or (b) such other date as JOHN PYE AUCTIONS may inform the Buyer.
10.3 In the event that the Contract is terminated under clause 10.1, without prejudice to any other rights or remedies of the Seller and/or JOHN PYE AUCTIONS:
10.2.2 a third party provides evidence satisfactory to the Seller that it has superior right or entitlement to the Lot;
10.2.3 the Seller, or other government or public authority issues a restriction or prohibition on sale or requires the sale of the Lot to be terminated, and the Contract shall be deemed terminated from either (a) 00.01h 13 days after the end of the auction or (b) such other date as JOHN PYE AUCTIONS may inform the Buyer.
10.3.1 any Deposit or other amount paid by the Buyer under the Contract (if any) shall be forfeited to the Seller;
10.3.2 the Seller may (but shall not be obliged to) resell the Lot to a third party without restriction and without having to account to the Buyer for any increase or decrease to the price that was originally agreed to be paid by the Buyer.
10.4 Where the Contract is terminated under clause 10.2.2 or 10.2.3, all monies paid by the Buyer in respect of the purchaser of the Lot will be refunded in full.10.3.2 the Seller may (but shall not be obliged to) resell the Lot to a third party without restriction and without having to account to the Buyer for any increase or decrease to the price that was originally agreed to be paid by the Buyer.
10.5 The Buyer shall indemnify and keep indemnified JOHN PYE AUCTIONS and the Seller against all liabilities, costs, claims, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered, incurred or paid by JOHN PYE AUCTIONS and/or the Seller arising out of or in connection with the termination of the Contract (except where terminated pursuant to clause 10.2.2 or clause 10.2.3) and resale of the Lot.
10.6 If the Buyer commits a breach of these Terms, JOHN PYE AUCTIONS reserves the right to reject or ignore any bids or offers made by or on behalf of the Buyer at a future auction or sale.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 All Intellectual Property Rights in and to the Website and any advertising materials, catalogues or brochures issued by JOHN PYE AUCTIONS and any photographs, illustrations or other images of the Lot are and shall remain the property of JOHN PYE AUCTIONS or the Seller or their licensors. The Buyer shall not copy, reproduce, alter, adapt, modify, translate or deface such Intellectual Property Rights in whole or in part for any purpose.
12. LIMITATION OF LIABILITY
12.1 Buyers are reminded that JOHN PYE AUCTIONS acts only as an agent of the Seller and is not the supplier or owner of the Lot.
12.2 Nothing in these Terms shall limit or exclude the liability of JOHN PYE AUCTIONS, the Seller, or those third parties connected to JOHN PYE AUCTIONS and/or the Seller, and each of their directors, employees, subcontractors and agents, for:
12.4 Subject to clause 12.2, all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, are, to the fullest extent permitted by law, expressly excluded.
12.5 Subject to clause 12.2 and clause 12.6, the liability of JOHN PYE AUCTIONS and the Seller and those third parties connected to JOHN PYE AUCTIONS and the Seller, and each of their directors, employees, subcontractors and agents, for loss incurred or suffered by any Bidder or the Buyer or any other person arising out of or in connection with the Contract or the Lot, shall be limited to the price paid by the Buyer for the Lot or, where no price has been paid, limited to the price agreed under clause 4.5.
12.6 Subject to clause 12.2, JOHN PYE AUCTIONS and the Seller and those third parties connected to JOHN PYE AUCTIONS and the Seller, and each of their directors, employees, subcontractors and agents shall under no circumstances whatsoever be liable to any Bidder or the Buyer or any other person, under or in connection with the Contract or the Lot, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, or otherwise, for any:
12.2 Nothing in these Terms shall limit or exclude the liability of JOHN PYE AUCTIONS, the Seller, or those third parties connected to JOHN PYE AUCTIONS and/or the Seller, and each of their directors, employees, subcontractors and agents, for:
12.2.1death or personal injury caused by its or their negligence;
12.2.2 fraud or fraudulent misrepresentation; and
12.2.3 any matter in respect of which it would be unlawful to exclude or restrict liability.
12.3 If JOHN PYE AUCTIONS or the Seller fails to comply with these Terms, it or they shall be responsible for loss or damage the Bidder or the Buyer (as applicable) suffers that is a foreseeable result of its or their breach of these Terms or its or their negligence, but no party referred to in clause 12.2 is responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of the breach or if it was contemplated by the parties to the Contract at the time the Contract was entered into.12.2.2 fraud or fraudulent misrepresentation; and
12.2.3 any matter in respect of which it would be unlawful to exclude or restrict liability.
12.4 Subject to clause 12.2, all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, are, to the fullest extent permitted by law, expressly excluded.
12.5 Subject to clause 12.2 and clause 12.6, the liability of JOHN PYE AUCTIONS and the Seller and those third parties connected to JOHN PYE AUCTIONS and the Seller, and each of their directors, employees, subcontractors and agents, for loss incurred or suffered by any Bidder or the Buyer or any other person arising out of or in connection with the Contract or the Lot, shall be limited to the price paid by the Buyer for the Lot or, where no price has been paid, limited to the price agreed under clause 4.5.
12.6 Subject to clause 12.2, JOHN PYE AUCTIONS and the Seller and those third parties connected to JOHN PYE AUCTIONS and the Seller, and each of their directors, employees, subcontractors and agents shall under no circumstances whatsoever be liable to any Bidder or the Buyer or any other person, under or in connection with the Contract or the Lot, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, or otherwise, for any:
12.6.1 loss of profits;
12.6.2 loss of income or revenue;
12.6.3 loss of business or business opportunity;
12.6.4 loss of anticipated savings;
12.6.5 loss of, or corruption or damage to, information or data;
12.6.6 loss or damage to goodwill;
12.6.7 wasted management or office time;
12.6.8 loss arising from third party claims;
12.6.9 indirect, special or consequential loss.
12.6.2 loss of income or revenue;
12.6.3 loss of business or business opportunity;
12.6.4 loss of anticipated savings;
12.6.5 loss of, or corruption or damage to, information or data;
12.6.6 loss or damage to goodwill;
12.6.7 wasted management or office time;
12.6.8 loss arising from third party claims;
12.6.9 indirect, special or consequential loss.
13. DATA PROTECTION
13.1Personal data that is processed by JOHN PYE AUCTIONS in relation to the Contract shall be processed by JOHN PYE AUCTIONS in accordance with its Privacy Policy which can be viewed at www.johnpyetrade.co.uk/terms/privacy.
14. FORCE MAJEURE
14.1 JOHN PYE AUCTIONS and the Seller shall not be liable to the Buyer for any delay or failure in the performance of its or their obligations under the Contract caused by factors beyond its or their reasonable control including (without limitation):
14.1.1 acts of God, flood, drought, earthquake or other natural disaster;
14.1.2 epidemic, pandemic or public health crisis;
14.1.3 terrorist attack, civil war, civil commotion or riots, war, threat or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
14.1.4 nuclear, chemical or biological contamination or sonic boom;
14.1.5 any law or action taken by a government or public authority, including without limitation, imposing an export or import restriction, quota, or prohibition, or failing to grant a necessary licence or consent;
14.1.6 collapse of building, fire, explosion or accident;
14.1.7 any labour or trade disputes, strikes, industrial action or lock-outs;
14.1.8 non-performance by suppliers or subcontractors (including by any Delivery Carrier); or
14.1.9 interruption or failure of utility service.
14.2 In such circumstances, JOHN PYE AUCTIONS shall notify the Buyer and take reasonable steps to minimise any delay. The time for performance by JOHN PYE AUCTIONS and/or the Seller shall be deemed to be extended for the period that any of the above continues.14.1.2 epidemic, pandemic or public health crisis;
14.1.3 terrorist attack, civil war, civil commotion or riots, war, threat or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
14.1.4 nuclear, chemical or biological contamination or sonic boom;
14.1.5 any law or action taken by a government or public authority, including without limitation, imposing an export or import restriction, quota, or prohibition, or failing to grant a necessary licence or consent;
14.1.6 collapse of building, fire, explosion or accident;
14.1.7 any labour or trade disputes, strikes, industrial action or lock-outs;
14.1.8 non-performance by suppliers or subcontractors (including by any Delivery Carrier); or
14.1.9 interruption or failure of utility service.
15. GENERAL TERMS
15.1JOHN PYE AUCTIONS and the Seller reserve the right to revise and amend these Terms from time to time to reflect changes:
15.2 These Terms, including the introduction of any additional terms and conditions, shall only be varied with the express written consent of both the DVLA and John Pye Auctions Manager.
15.3 If any court or competent authority decides that any provision whether in whole or part within these Terms is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
15.4 If, or to the extent that, any of these Terms (as amended from time to time) are Terms to which any of the provisions of the Unfair Contract Terms Act 1977 or any subsequent modification or re-enactment thereof apply then such Terms shall be enforceable only to the extent permitted by those Acts or their subsequent modification or re-enactment and these Terms shall be construed accordingly.
15.5 If at any time JOHN PYE AUCTIONS fails to insist that the Seller and/or Buyer perform their obligations under the Contract, or if JOHN PYE AUCTIONS does not exercise any of its rights or remedies under the Contract, that will not mean that JOHN PYE AUCTIONS has waived such rights or remedies and will not mean that the Seller and/or Buyer does not have to comply with those obligations. If JOHN PYE AUCTIONS waives a default by the Seller and/or Buyer that will not mean that JOHN PYE AUCTIONS automatically waives any prior and/or subsequent default by the Seller and/or Buyer. No waiver by JOHN PYE AUCTIONS of any of the Contract shall be effective unless JOHN PYE AUCTIONS expressly states that it is a waiver and JOHN PYE AUCTIONS tell the Buyer and Seller so in writing.
15.6 No waiver by the Seller shall be effective unless the Seller expressly states that it is a waiver and the Seller tells the Buyer and JOHN PYE AUCTIONS so in writing.
15.7 The Contract constitutes the entire agreement between the parties and supersedes all prior representations, agreements, negotiations and understandings between the parties.
15.8 The Buyer acknowledges and agrees that it has not relied on any statement, promise or representation made or given by, or on behalf of, JOHN PYE AUCTIONS or the Seller which is not set out in these Terms.
15.9 With the exception of JOHN PYE AUCTIONS, a person who is not party to the Contract shall not have any rights under or in connection with them under Contracts (Rights of Third Parties) Act 1999.
15.10 The Contract, the sale of the Lot, any disputes and/or claims arising out of it shall be governed by English law and JOHN PYE AUCTIONS, the Seller and the Buyer all agree to the exclusive jurisdiction of the English courts to resolve any such disputes.
15.1.1 in market conditions affecting its business;
15.1.2 in technology;
15.1.3 in payment methods;
15.1.4 in relevant laws and regulatory requirements; and
15.1.5 in various systems capabilities.
Such amendments shall be posted on the Website and shall be effective immediately provided that such amendments shall not affect any contract already concluded under clause 4.6.15.1.2 in technology;
15.1.3 in payment methods;
15.1.4 in relevant laws and regulatory requirements; and
15.1.5 in various systems capabilities.
15.2 These Terms, including the introduction of any additional terms and conditions, shall only be varied with the express written consent of both the DVLA and John Pye Auctions Manager.
15.3 If any court or competent authority decides that any provision whether in whole or part within these Terms is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
15.4 If, or to the extent that, any of these Terms (as amended from time to time) are Terms to which any of the provisions of the Unfair Contract Terms Act 1977 or any subsequent modification or re-enactment thereof apply then such Terms shall be enforceable only to the extent permitted by those Acts or their subsequent modification or re-enactment and these Terms shall be construed accordingly.
15.5 If at any time JOHN PYE AUCTIONS fails to insist that the Seller and/or Buyer perform their obligations under the Contract, or if JOHN PYE AUCTIONS does not exercise any of its rights or remedies under the Contract, that will not mean that JOHN PYE AUCTIONS has waived such rights or remedies and will not mean that the Seller and/or Buyer does not have to comply with those obligations. If JOHN PYE AUCTIONS waives a default by the Seller and/or Buyer that will not mean that JOHN PYE AUCTIONS automatically waives any prior and/or subsequent default by the Seller and/or Buyer. No waiver by JOHN PYE AUCTIONS of any of the Contract shall be effective unless JOHN PYE AUCTIONS expressly states that it is a waiver and JOHN PYE AUCTIONS tell the Buyer and Seller so in writing.
15.6 No waiver by the Seller shall be effective unless the Seller expressly states that it is a waiver and the Seller tells the Buyer and JOHN PYE AUCTIONS so in writing.
15.7 The Contract constitutes the entire agreement between the parties and supersedes all prior representations, agreements, negotiations and understandings between the parties.
15.8 The Buyer acknowledges and agrees that it has not relied on any statement, promise or representation made or given by, or on behalf of, JOHN PYE AUCTIONS or the Seller which is not set out in these Terms.
15.9 With the exception of JOHN PYE AUCTIONS, a person who is not party to the Contract shall not have any rights under or in connection with them under Contracts (Rights of Third Parties) Act 1999.
15.10 The Contract, the sale of the Lot, any disputes and/or claims arising out of it shall be governed by English law and JOHN PYE AUCTIONS, the Seller and the Buyer all agree to the exclusive jurisdiction of the English courts to resolve any such disputes.
16. CONTACT JOHN PYE AUCTIONS
16.1 For questions, comments or complaints, please contact JOHN PYE AUCTIONS using the details below:
Online AI Chat: available on www.johnpye.co.uk and www.johnpyeauctions.co.uk and Customer Service (johnpye.co.uk)
Write: John Pye & Sons Limited, Head Office, James Shipstone House, Radford Road, New Basford, Nottingham, NG7 7EA.
Email: help@dvlaauction.co.uk
Call: 0300 029 8080
Last updated: 19 September 2025
Online AI Chat: available on www.johnpye.co.uk and www.johnpyeauctions.co.uk and Customer Service (johnpye.co.uk)
Write: John Pye & Sons Limited, Head Office, James Shipstone House, Radford Road, New Basford, Nottingham, NG7 7EA.
Email: help@dvlaauction.co.uk
Call: 0300 029 8080
Last updated: 19 September 2025
Started
19/11/2025 10:00:00
Closed
25/11/2025 11:00:00
(# of Lots: 2000)
This Auction Uses Max Bids and Sliding End Times.
| Lot | Registration | Starting Price | Final Price | Time Remaining | Actions | Details | Descripiton |
|---|