A NEW APPROACH IN AN AGE OLD BUSINESS+44 (0) 1926 691 141
TERMS AND CONDITIONS
The following Terms ("Terms") together with such other terms, conditions and notices as may be set out in any relevant catalogue apply to all sales by SEVEN MODERN COMPANY TRADING at auction or within 14 days after the auction.
No alteration to the Terms will be binding unless accepted by SEVEN MODERN COMPANY TRADING in writing. The Terms may be amended by SEVEN MODERN COMPANY TRADING provided it is reasonable for it do so by the posting of notices or by oral announcement made by the Auctioneer prior to or during the sale. Nothing in the Terms shall affect the statutory rights of a consumer.
Additional information applicable to the Auction may be set out in the Catalogue for the Sale, in an insert in the Catalogue and/or in a notice displayed on the Lot or visible elsewhere. Verbal announcements affecting the Auction may be made before and during the bidding. Buyers should be alert to this possibility of changes especially if bidding otherwise than in person at the Auction.
SEVEN MODERN COMPANY TRADING acts solely for and in the interests of the Seller. SEVEN MODERN COMPANY TRADING’s duty is to sell the Lot at the highest price obtainable at the Auction to a Buyer. SEVEN MODERN COMPANY TRADING does not act for Buyers in this role and does not give advice to Buyers. When SEVEN MODERN COMPANY TRADING or its employees make statements about a Lot it is doing so as agent for the Seller of the Lot. Buyers who are themselves not expert in the Lots are strongly advised to seek and obtain independent advice on the Lots and their value before bidding for them.
1. In these Terms:
1.1 "Auction" means the auction sale in respect of which a Lot is consigned for sale.
1.2 "Auctioneer" means the representative of SEVEN MODERN COMPANY TRADING conducting the Auction.
1.3 "Automobilia" means any memorabilia including but not limited to trophies, badges, programmes, models, prints and other collectables.
1.4 "Buyer" means the only person whose bid is accepted by SEVEN MODERN COMPANY TRADING to conclude the contract for the purchase of a Lot.
1.5 "Buyer's Premium" means the amount payable by the Buyer to SEVEN MODERN COMPANY TRADING. Buyers premium on Motor Vehicles is 12%. The buyer also bears the value of VAT and customs arrangements as applicable in the country where the vehicle will be registered.
1.6 "Catalogue" the catalogue relating to the relevant Auction includes any advertisement, brochure, estimate, price list or other publication or webpage relating to one or more Lots offered in the related auction.
1.7 "Contract" means the agreement between the Buyer and the Seller on the successful bid of the Buyer on which the Lot is awarded to them.
1.8 "Entry Fee" means the sum of $300 (inclusive of VAT).
1.9 "Expenses" in relation to the sale of any Lot means charges and expenses payable by the Seller in addition to the Seller's Commission including insurance, storage, illustrations, auction Entry Fee, cleaning costs, photography costs, catalogue costs, special advertising, packing, freight, of that Lot and any VAT thereon.
1.10 "Hammer Price" means the price in US dollars at which a Lot is awarded by the Auctioneer to the Buyer.
1.11 "Lot" means any item(s) consigned to SEVEN MODERN COMPANY TRADING with the view to its or their sale at Auction (including all motorcars and Automobilia items).
1.12 "Motor Vehicle" means any car or motorbike included or proposed to be included in a sale of motor vehicles together with spares, tools, documentation etc. stated as being part of the Lot.
1.13 "Purchase Price" means the Hammer Price together with the Buyer's Premium and any additional charges due plus VAT.
1.14 "Reserve" means the minimum Hammer Price agreed between SEVEN MODERN COMPANY TRADING and the Seller at which a Lot may be sold.
1.15 "Sale Proceeds" means the net amount due to the Seller being the Hammer Price less the Seller's Commission and VAT, Expenses and any other amount due to SEVEN MODERN COMPANY TRADING from the Seller.
1.16 "Seller" means the person who offers the Lot for sale, whether as agent or principal.
1.17 "Seller's Commission" shall have the meaning given in clause 10.
1.18 "VAT" means Value Added Tax applicable at the prevailing rate from time to time.
1.19 "Working Day" means any day at which clearing banks are open for the transaction of normal US dollars banking business.
1.20 “Provisionally sold” means the bid placed during the auction has not been accepted by the seller. A provisional bid stands until 12pm the day following the auction.
SEVEN MODERN COMPANY TRADING sells as agent for the Seller (except where SEVEN MODERN COMPANY TRADING is selling as principal, which SEVEN MODERN COMPANY TRADING will disclose in the Catalogue or otherwise in the Auction). The Contract for the sale of a Lot is between the Seller and the Buyer. SEVEN MODERN COMPANY TRADING shall not be liable for any act or default by the Seller (except where selling as principal) or the Buyer.
The Seller undertakes and commits to transfer the ownership of the Lot or the Car to the Buyer and terminate all legal procedures required, without any liability on SEVEN MODERN COMPANY TRADING to the Buyer.
3.1 SEVEN MODERN COMPANY TRADING has the right as its sole discretion to refuse any bid, to divide any Lot, to combine two or more Lots, to withdraw any Lot and, in the case of dispute, to put any Lot up for Auction again.
3.2 If SEVEN MODERN COMPANY TRADING is notified about the Seller's alleged breach of any of the Terms before it has remitted the Sale Proceeds to the Seller, it may at its sole discretion withhold payment until that dispute is resolved. SEVEN MODERN COMPANY TRADING may, however, deduct any sums that are due to it from the sum held.
3.3 Automobilia lots will be subject to an auctioneers 10% discretion on the reserve unless SEVEN MODERN COMPANY TRADING are notified in writing by the seller otherwise.
4. Loss or injury
SEVEN MODERN COMPANY TRADING shall be under no liability for any injury, damage or loss sustained by any person while on SEVEN MODERN COMPANY TRADING premises (including any premises where a sale may be conducted or where a Lot, or part of a Lot, may be on view from time to time) except for death or personal injury, damage or loss caused by the negligence of or other breach of duty by SEVEN MODERN COMPANY TRADING, its employees or agents in the ordinary course of their duties to SEVEN MODERN COMPANY TRADING.
5.1 The Catalogue contains details about each Lot. The description printed in the Catalogue is given on behalf of the Seller, from information supplied by the Seller for which SEVEN MODERN COMPANY TRADING is not responsible.
5.2 Photographs, Illustrations and diagrams contained in the Catalogue are for identification purposes only. They may not show the true condition and colour, (which may be inaccurately reproduced) of the Lot.
5.3 Lots are available for inspection prior to the Sale and it is for any potential bidder to satisfy themselves as to each and every aspect of a Lot, including its originality, authorship, condition, provenance, history, background, authenticity, style, period, age, suitability, quality, roadworthiness (if relevant), origin, value and estimated selling price (including the Hammer Price). No description of a lot carries with it an implication that it is fit for any particular purpose.
5.4 Each Lot is sold by its respective Seller to the Buyer. Lots are sold to the Buyer on an "as is" basis, with all faults and imperfections without any liability on SEVEN MODERN COMPANY TRADING to the buyer.
5.5 The actual condition of a Lot may not be as good as its outward appearance suggests. In particular parts may have been replaced or renewed and those parts may not be original or of ‘Satisfactory Quality'. The inside of a lot may not be visible where, for example, it is covered by upholstery or material, and may not be original or may be damaged, have been damaged or poorly repaired. Given the age of some Lots, no assumption should be made with regard to any aspect of their condition.
5.6 Any person who physically interferes with, scratches or damages the Lot in any way (at, before or after the Auction) will be held liable for the loss so caused.
5.7 The Seller is responsible for delivering the Lot in a presentable and saleable condition. If additional cleaning is required, it will be charged for by SEVEN MODERN COMPANY TRADING to the Seller as an Expense.
5.8 If a Lot is not sold at Auction SEVEN MODERN COMPANY TRADING will for the next 14 days be entitled exclusively to negotiate a sale of the Lot on terms agreed with the Seller and as Seller's agent, and if successful will be entitled to charge on the Seller's Commission and Expenses.
5.9 The Seller gives SEVEN MODERN COMPANY TRADING the full and absolute right to photograph and illustrate any Lot consigned for sale, and to use such photographs and illustrations as are provided by the Seller at any time at its absolute discretion (whether or not in connection with the Auction), with indemnity to SEVEN MODERN COMPANY TRADING against copyright infringement.
5.10 The copyright in all written matter and illustrations relating to Lots shall remain at all times the absolute property of SEVEN MODERN COMPANY TRADING, and any person wishing to use such materials, or any part of them, may only do so with the prior written consent of SEVEN MODERN COMPANY TRADING.
6. Alterations and Estimates
6.1 Estimates and descriptions may be amended at SEVEN MODERN COMPANY TRADING discretion from time to time by notice given orally or in writing before or during an Auction.
6.2 The Lot is available for inspection and any potential bidders must form their own opinion in relation to it. They are strongly advised to examine any Lot or have it examined by a specialist or engineer on their behalf before the Auction.
6.3 SEVEN MODERN COMPANY TRADING gives no warranty or representation as to the anticipated or likely selling price of any Lot. Any estimate given, whether written or oral and whether or not printed in any Catalogue, as to the estimated selling price of any Lot is a statement of opinion only and may be subject to revision from time to time at SEVEN MODERN COMPANY TRADING’s sole discretion and should not be relied upon as an indication of the actual selling price.
6.4 SEVEN MODERN COMPANY TRADING shall not be liable to the Seller for any error or misstatement in or omission from the description of any lot in any Catalogue where SEVEN MODERN COMPANY TRADING has:
6.4.1 been provided with such description by the Seller or any person on his behalf; or
6.4.2 provided the Seller with a copy of such description prior to publication of the Catalogue and neither the Seller nor any person on his behalf has notified SEVEN MODERN COMPANY TRADING in writing within a reasonable time before the Auction of any error or misstatement in or omission from the description.
6.5 SEVEN MODERN COMPANY TRADING has no duty to the Seller or the Buyer to investigate the accuracy of the description of any Lot provided by or on behalf of the Seller.
7. Warranty by the Seller
7.1 The Seller warrants to the Buyer and to SEVEN MODERN COMPANY TRADING that:
7.1.1 The Seller is the owner of the Lot or is properly authorised to sell the Lot by the owner, and is able to sell the Lot with full title guarantee free from all encumbrances and third party claims and in particular that there is no outstanding finance affecting the Lot or any taxes due or any other legal barrier. If the car is subject to finance the amount outstanding must be confirmed prior to consignment and sale.
7.1.2 The description of the Lot in the Catalogue is to the best of the Seller's knowledge accurate and not misleading. The Seller has notified (or will before the Auction notify) SEVEN MODERN COMPANY TRADING in writing of any material alterations to the Lot of which the Seller is aware and of any concerns expressed by third parties in relation to the authenticity, provenance, origin, age, condition or quality of the Lot and the seller has provided SEVEN MODERN COMPANY TRADING with all such information in the Seller's possession or control.
7.1.3 The Seller shall compensate SEVEN MODERN COMPANY TRADING and the Buyer in full for all losses, expenses and other costs which are caused by the Seller's breach of any obligation of the Seller under the Terms.
7.1.4 Where the vehicle is not registered in the KSA, the seller shall be responsible for completing the regulatory procedures in KSA within 14 days of the car arriving in the KSA and before the vehicle arrives at the auction for sale.
8. Vehicle Registration Numbers
8.1 If the Seller wishes to sell the Motor Vehicle but to retain the right to the registration number of the Motor Vehicle it is the Seller's Responsibility to notify SEVEN MODERN COMPANY TRADING in writing before the auction in a reasonable period.
8.2 It shall be the Seller's responsibility to complete the retention documentation prior to sale and offer the vehicle with a new car registration form from the General Department of Saudi Traffic. The completion of the legal procedures required to register the car within the Kingdom of Saudi Arabia prior to the Motor Vehicle being sold at Auction fall on the Seller and no liability shall attach to SEVEN MODERN COMPANY TRADING in respect to any act or omission as a result.
9. Bidding and Reserves
9.1 Admission to the Auction requires the purchase of a Catalogue which must be presented at the entrance to the Auction.
9.2 SEVEN MODERN COMPANY TRADING do not accept bids from any person who has not completed and submitted a registration form. A certified cheque of an amount of $26,000 shall be executed by the bidder in the name of Seven Modern Trading Company. The amount of the cheque shall only be refunded if no vehicle is awarded to the bidder. However, if a vehicle is awarded to the bidder, then the amount of the cheque shall be deducted from the total amount of the vehicle invoice. In addition, the amount shall not be refunded if the bidder violates the terms and conditions after the vehicle is awarded to the bidder and the sale is not closed. Proof of identification will be required in the form of a passport or National ID, before the registration process can be completed.
9.3 The Auctioneer will commence and advance the bidding at levels and in increments he considers appropriate and is entitled to place a bid or series of bids on behalf of the Seller, up to the Reserve on the Lot.
9.5 The Seller may place a Reserve on any Lot when he consigns it to the Auction, and once placed it may not be changed without the written consent of SEVEN MODERN COMPANY TRADING. All Lots will be sold without Reserve unless a Reserve has been agreed by SEVEN MODERN COMPANY TRADING in writing.
9.6 Where a Reserve has been agreed, only SEVEN MODERN COMPANY TRADING at its absolute discretion may bid on behalf of the Seller.
9.7 If no Reserve has been placed on a Lot, SEVEN MODERN COMPANY TRADING shall in no way be held liable should the Lot be purchased for a price below any lowest estimated selling price of the Lot given in any Catalogue.
9.8 SEVEN MODERN COMPANY TRADING may sell a Lot below the Reserve agreed with the Seller, provided that SEVEN MODERN COMPANY TRADING accounts to the Seller for the same Sale Proceeds as the Seller would have received had the Lot been sold at that Reserve.
9.9 The Auctioneer may declare a lot “provisionally sold”. The highest bid placed during the auction will remain open for acceptance by the seller until 12pm the next day following the auction. During this period SEVEN MODERN COMPANY TRADING will take steps to contact the seller and determine whether they are willing to accept the bid. Following confirmation from the seller, SEVEN MODERN COMPANY TRADING will notify the buyer whether their bid has been accepted or rejected. The buyers bid will be deemed to be rejected if they have not been notified of its acceptance by 12pm the following day. Where the buyer is notified that the bid has been accepted a contract for the sale of the lot will be formed between the buyer and the seller as if the hammer fell during the auction.
10. Commission and Expenses
10.1 SEVEN MODERN COMPANY TRADING shall be entitled to deduct from the Hammer Price and retain an amount equal to 5% of the Hammer Price for vehicles and 15% for automobilia and lifestyle goods or such other sum agreed by SEVEN MODERN COMPANY TRADING in writing ("Seller's Commission") plus VAT together with Expenses and any other sums due from the Seller to SEVEN MODERN COMPANY TRADING
10.2 The Seller acknowledges SEVEN MODERN COMPANY TRADING right to retain the Buyer's Premium payable by the Buyer.
11.1 Only on payment of the Purchase Price in cleared funds shall title in the Lot pass from the Seller to the Buyer. However, the risk in the Lot passes to the Buyer on the fall of the hammer. It is therefore, the responsibility of the Seller to insure the Lot before the hammer falls and the responsibility of the Buyer to insure the Lot after the hammer falls.
11.2 SEVEN MODERN COMPANY TRADING will not be responsible for any damage to or the loss or destruction of a Lot unless caused by the negligence of or other breach of duty by SEVEN MODERN COMPANY TRADING, its employees or agents in the ordinary course of their duties to SEVEN MODERN COMPANY TRADING and the Seller shall compensate SEVEN MODERN COMPANY TRADING in full in respect of all other claims and proceedings brought against SEVEN MODERN COMPANY TRADING in respect of any loss or damage to or destruction of the Lot.
11.3 SEVEN MODERN COMPANY TRADING will not be liable for any injury, loss or damage caused by any Lot or by the Seller's negligence of SEVEN MODERN COMPANY TRADING, its employees or agents in the ordinary course of their duties to SEVEN MODERN COMPANY TRADING. The Seller shall compensate SEVEN MODERN COMPANY TRADING in full in respect of all claims and proceedings brought against SEVEN MODERN COMPANY TRADING in respect of injury, loss or damage caused by any Lot or by the Seller's negligence or breach of any obligation under the Terms.
12. Payment of Sale Proceeds
12.1 Subject to SEVEN MODERN COMPANY TRADING right of retention under Clause 3.2 and other provisions of this Clause 12, SEVEN MODERN COMPANY TRADING shall pay the Sale Proceeds to the Seller not later than 14 Working Days after the Auction provided that the Purchase Price has been received in full by SEVEN MODERN COMPANY TRADING from the buyer. Unless an alternative method of payment has been agreed by SEVEN MODERN COMPANY TRADING in writing, payment shall be made by bank transfer. In the event of an unsettled hire purchase, finance agreement or any other charge or lien affecting the Lot SEVEN MODERN COMPANY TRADING reserves the right to settle the amount due of such charges not exceeding the Sale Proceeds and if the Sale Proceeds are less than the charges outstanding the Seller will be responsible for the settlement of the balance forthwith.
12.2 If the Purchase Price has not been received in full by SEVEN MODERN COMPANY TRADING within the time specified in clause 12.1 SEVEN MODERN COMPANY TRADING will pay the Sale Proceeds to the Seller within seven Working Days from when the Purchase Price is received in cleared funds from the Buyer.
12.3 In respect of road registered Motor Vehicles, SEVEN MODERN COMPANY TRADING reserves the right not to remit the Sale Proceeds to the Seller unless the Seller has deposited with SEVEN MODERN COMPANY TRADING the registration document of the Motor Vehicle, and any other documents relating to the Motor Vehicle in the Seller's possession or control which he agreed with SEVEN MODERN COMPANY TRADING to supply.
12.4 If the Buyer fails to pay the Purchase Price within 28 days of the Auction, SEVEN MODERN COMPANY TRADING will notify the Seller who may instruct SEVEN MODERN COMPANY TRADING as to the appropriate course of action. SEVEN MODERN COMPANY TRADING may endeavour to assist the Seller but SEVEN MODERN COMPANY TRADING shall be under no obligation to do so and shall not be under any obligation to institute proceedings in its own name.
12.5 In the absence of any written instructions from the Seller to SEVEN MODERN COMPANY TRADING within 7 days of SEVEN MODERN COMPANY TRADING having notified the Seller under clause 12.4 SEVEN MODERN COMPANY TRADING shall be entitled to take one or more than one of the actions set out in clause 19.:
12.6 Any monies recovered by and paid to SEVEN MODERN COMPANY TRADING in consequences of SEVEN MODERN COMPANY TRADING taking one or more of the steps referred to in clause 19 shall be applied to the payment of:
12.6.1 legal or other costs incurred by SEVEN MODERN COMPANY TRADING in connection with such steps;.
12.7.1 the Buyer's Premium and the Seller's Commission on the sale of the Lot;
12.7.2 any balance remaining shall be paid by SEVEN MODERN COMPANY TRADING to the Seller (or, if appropriate, the Buyer). If there shall be a shortfall any such shortfall shall be made good by the Seller to SEVEN MODERN COMPANY TRADING on demand.
12.7.3 If within 7 days after receipt of the notice referred to in clause 12.5 the Seller informs SEVEN MODERN COMPANY TRADING that he wishes the Lot to be returned, he shall be entitled to do so but only upon prior payment of all Expenses and all legal and other costs reasonably incurred by SEVEN MODERN COMPANY TRADING so as to keep SEVEN MODERN COMPANY TRADING fully recompensed for any losses suffered as a result of this action by the seller.
13. Withdrawal Fees
13.1. The Seller may by notice in writing to SEVEN MODERN COMPANY TRADING withdraw the Lot from the Auction. In the event of such withdrawal, the Seller shall within 14 days of withdrawal pay SEVEN MODERN COMPANY TRADING the sums set out in this Condition 13. All such sums shall be payable to SEVEN MODERN COMPANY TRADING as remuneration for the services performed by SEVEN MODERN COMPANY TRADING down to the date of withdrawal, and not by way of penalty or liquidated damages.
13.2 In all cases of withdrawal, the Seller shall be liable to pay SEVEN MODERN COMPANY TRADING 5% of the mid estimate value of the Lot, notwithstanding that commission of a lesser, or no, amount had previously been agreed, to reflect the time, effort, loss of publicity and buyer's premium suffered by SEVEN MODERN COMPANY TRADING. In the event of a Lot having no reserve and therefore no estimate the Seller shall be liable to pay SEVEN MODERN COMPANY TRADING 5% of the auctioneer’s reasonable estimate. The fee shall be subject in each case to VAT and Expenses.
13.3.In the event that the Seller withdraws the Lot from the Auction, the Seller shall arrange for collection and removal of the Lot at his own expense within two working days after the date of withdrawal provided that the Seller may not collect the Lot unless and until any withdrawal fee payable under Conditions 13.2 and 13.3 shall have been paid in full.
14. Removal and Storage
14.1 The Seller shall arrange for the removal of any unsold Lot and the Buyer for the removal of purchased lots by the time specified in the vendor delivery instructions and key sale information in the auction catalogue or by other such time as agreed by SEVEN MODERN COMPANY TRADING
14.2 Failure to remove Lots pursuant to clause 14.1 above will entitle SEVEN MODERN COMPANY TRADING to charge the Seller or Buyer a removal charge, storage fees, insurance and other expenses and any costs incurred at the following rates:
Removal – 1,000 USD plus VAT
Storage – 15 USD per day plus VAT
Delivery can be arranged via CARS SHIPPING LLC - delivery by quotation.
These fees apply unless stated otherwise in the Key Sale Information of the sale catalogue
Removal – 25 USD plus VAT
Storage –15 USD per day plus VAT
15. The Buyer
15.1 The Buyer shall be the highest bidder at the Hammer Price. Any dispute as to any bid shall be settled by the Auctioneer at his/her absolute discretion.
16. Buyer's Premium
The Buyer shall pay the Buyer's Premium to SEVEN MODERN COMPANY TRADING and the Buyer acknowledges that SEVEN MODERN COMPANY TRADING may also receive the Seller's Commission due to SEVEN MODERN COMPANY TRADING under Clause 10.
17.1 Once a lot is sold, the Purchase Price shall become immediately payable to SEVEN MODERN COMPANY TRADING.
17.2 Full payment for all Lots must be made to SEVEN MODERN COMPANY TRADING by 5:00pm the next Working Day. Payment can only be accepted in USD. For security reasons, payments by Debit or Credit card (VISA/Mastercard) will only be accepted where the cardholder is present.
17.3 No Lot may be collected until the Purchase Price has been received by SEVEN MODERN COMPANY TRADING and payments by a Buyer to SEVEN MODERN COMPANY TRADING may be applied by SEVEN MODERN COMPANY TRADING towards any such sums due from that Buyer to SEVEN MODERN COMPANY TRADING on any account whatsoever notwithstanding any directions to the contrary by the Buyer or his agent whether express or implied.
17.4 Title to the Lot will pass to the Buyer only when the Purchase Price in cleared funds has been received by SEVEN MODERN COMPANY TRADING.
17.5 Immediately a Lot is sold the risk shall pass to the Buyer notwithstanding that possession will not be given and title will not pass to the Buyer before payment of the Purchase Price.
17.6 The Buyer shall, at his own expense, remove the Lot purchased but not before payment in full to SEVEN MODERN COMPANY TRADING of the Purchase Price whether in respect of this or any other Lot.
17.7 Cash payments are not accepted as a payment method for the purchase price of the buyer.
18. Responsibility for Purchased Lots
18.1 The Buyer will be responsible for loss or damage to a Lot they have purchased from the fall of the hammer. Neither SEVEN MODERN COMPANY TRADING nor its employees or agents shall be responsible for any loss or damage unless caused by the negligence of SEVEN MODERN COMPANY TRADING, its employees or agents in the ordinary course of their duties to SEVEN MODERN COMPANY TRADING while the Lot is in SEVEN MODERN COMPANY TRADING custody or under its control.
18.2 The Buyer shall be responsible for all removals, insurance, storage and other charges on any Lot from the fall of the hammer (in accordance with Clause 11).
18.3 General department of Saudi Traffic will be notified of the change of owner within 5 working days following receipt of payment, using the details from invoice, unless otherwise stated.
18.4 Automobilia, watches & lifestyle Lots that have not been paid and collected by midday on the first working day following the sale will be sent to the buyer at the buyer's expense.
19. Non-payment or Failure to Collect
19.1 If the Purchase Price is not paid in full, SEVEN MODERN COMPANY TRADING as the agent of the Seller, shall in its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following remedies:-
19.1.1 to remove, store (either at SEVEN MODERN COMPANY TRADING premises or elsewhere) and insure the Lot at the expense of the Buyer;
19.1.2 to charge interest at a daily rate equal to 4% pa over National Commercial Bank's (SA) Base Rate on so much of the total amount due as remains unpaid after the date of and time referred to in clause 17.2;
19.1.3 to retain that or any Lot sold to the same Buyer at the same or any other auction of SEVEN MODERN COMPANY TRADING and to release it only after payment of the total amount due;
19.1.4 to apply any money due or to become due to the defaulting Buyer in or towards settlement of the total amount due and to exercise a charge or lien on any property of the Buyer which is in SEVEN MODERN COMPANY TRADING’s possession for any purpose.
19.1.5 take such steps as SEVEN MODERN COMPANY TRADING shall at its absolute discretion consider necessary to collect the monies due from the Buyer, and to agree terms for the payment of the Purchase Price;
19.1.6 to cancel the sale and refund any monies to the Buyer, or to cancel the sale to the Buyer and to purchase the Lot itself. If it does so, property in the Lot shall pass to SEVEN MODERN COMPANY TRADING on its election and SEVEN MODERN COMPANY TRADING shall remit the Purchase Price to the Seller within 14 Working Days of its election less the Seller's Commission, Expenses and sums due to SEVEN MODERN COMPANY TRADING which would have been payable had the contract not been rescinded;
19.1.7 to appoint a solicitor and/or other agent to pursue any of the courses of action referred to in this clause 19, and the Seller hereby authorises SEVEN MODERN COMPANY TRADING to take any of the courses referred to in this clause, including the issue and prosecution of proceedings on the Seller's behalf, and to settle claims and/or proceedings made by or against the Buyer on such terms as the Seller shall instruct, or in the absence of instructions on such terms and procedures as SEVEN MODERN COMPANY TRADING shall at its absolute discretion think fit. The Buyer shall be liable for all the costs incurred in any proceedings, negotiations or ADR (Alternative Dispute Resolution) including any shortfall in cost between those expended by SEVEN MODERN COMPANY TRADING or the Seller and those awarded by any Court or Tribunal.
19.2 If the Buyer fails to make payment within 14 days after the date and time referred to in clause 17.2, SEVEN MODERN COMPANY TRADING shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to re-sell the Lot or cause it to be resold by public auction or private sale, and, if this results in a lower price being obtained, the defaulting Buyer shall then pay to SEVEN MODERN COMPANY TRADING any deficiency, together with re-sale costs and any costs incurred in connection with the Buyer's failure to make payment and any surplus shall belong to the Seller.
19.3 If the Lot is not taken away on the date and time referred to in clause 17.2, whether or not the Purchase Price has been paid, SEVEN MODERN COMPANY TRADING shall remove, store (either at SEVEN MODERN COMPANY TRADINGS premises or elsewhere) and insure the Lot at the expense of the Buyer and only release the Lot after payment of the total amount due.
20. Liability of SEVEN MODERN COMPANY TRADING and the Seller
20.1 Buyers are solely responsible for ensuring that Motor Vehicles are safe for use, roadworthy (if a road going car) and comply with all relevant laws and regulations in force in all relevant jurisdictions and for ensuring that any necessary test certificates are in force It is the responsibility of the Buyer to carry out such inspection as he thinks necessary.
20.2 In bidding for any Lot, the Buyer acknowledges that he does not rely on any representation made to them by SEVEN MODERN COMPANY TRADING, its employees or agents.
21. Governing Law
Any transactions to which the Terms apply shall be governed by KSA Law and the Courts of KSA shall have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Terms apply.
22.1 Any shall be deemed to have been received:-
22.1.1 if hand-delivered, at the time of delivery;
22.1.2 if sent by mail, two days after the date of posting.
22.2 In proving service by delivery:-
22.2.1 by hand, it shall be necessary only to produce a receipt for the notice signed by or on behalf of the addressee;
22.2.2 by post, it shall be necessary only to prove that the notice was contained in a pre-paid envelope which was duly addressed and posted first class.
23. Data Protection
23.1 All information provided to SEVEN MODERN COMPANY TRADING will be treated confidentially and shall not be passed to third parties, except where necessary to complete a sale transaction.
23.2 SEVEN MODERN COMPANY TRADING reserves the right to pass on information when required by legislation, government authorities or the courts.