Terms and Conditions
1. The bidder who bids the highest total for each lot shall then be deemed the purchaser thereof. In the event of any dispute Yakky Ltd shall have outright discretion either to settle such dispute or Immediately re-list the lot. Yakky Ltd may, without giving any reason, therefore, reject to accept the bidding of any person, persons, or entity.
2. No person may proceed on an occasion when a bid is less than the total named by Yakky Ltd.
3. The vendors may bid for any lot or lots. No lots can be withdrawn once the auction has commenced.
4. Intending buyers must register through the Yakky.co.uk website and provide their name, address and contact information prior to the auction and shall receive a customer buyers reference. In the event of a buyer failing to comply with any of the conditions the lot or lots in question may be put up again and resold at the discretion of Yakky. If a lower hammer price is obtained than reached on the first sale the difference will be due from the buyer in default. Lots cannot under any circumstances be transferred.
5. The upmost care has been taken to ensure the accurateness of the listed item description, notwithstanding this, no sale will be invalidated by reason of any defect or faults in any of the lots. No compensation will be paid in respect of any faults or error in the description. Yakky Ltd provides no warranty in aspect to the genuineness or authenticity of lots. The buyer will accept all items as sold as seen.
6. The buyer accepts each lot entirely at their own risk from the conclusion of a sale, (conclusion determined as the hammer price). Any item or items must be paid for in full before collection and collected by the purchaser at their own expense and risk within the agreed trading hours set out by Yakky Ltd (9am - 5pm, Mon-Fri). This must be within 48 hours or two working days after relevant auction, in which the Lot was purchased has concluded.
7. Title will not be passed to the buyer under any circumstances until the contract price has been paid in full. In any event the seller will have a particular or general lien over the item or items for all claims under the contract against the purchaser. If a buyer fails to take away any purchased or non-purchased lot within the allowed time limit, then Yakky Ltd or the vendor is fully entitled at the risk of the purchaser to place the item in Storage. Yakky Ltd will not be responsible for any damage or additional cost incurred by such storage or removal of the item. In addition to the above, if the purchaser fails to remove the lot from the premises as required, Yakky Ltd reserve the right to re‐enter the item into auction and charge a Defaulter’s Fee to the purchaser.
Any damage done to the sale or storage premises belonging to Yakky Ltd or 3rd party vendor will be made good by the purchaser and any principle servants / agents. Yakky Ltd and the vendor in question hold no responsibility for any items damaged during removal by the vendor or related servants / agents.
8. Non-compliance with the conditions set out above, will result in any money deposited in part payment being forfeited. The buyer is then obliged to pay there‐out expenses and the item or items shall be resold via public or private online sale. The deficiency costs (if applicable) arising upon the resale together with the expenses thereof shall be made good by the defaulter at this sale. In such circumstances Yakky Ltd act only as agents, they shall not be responsible for any act or default of either the buyer or the vendor and in particular shall not be liable to pay the vendor until payment is received from the buyer.
9. Neither the vendor nor Yakky will accept any responsibility for duties (if applicable) by the relevant Health & Safety regulations, Orders or Acts that apply or any other statutory provision and the buyer accepts full responsibility for ensuring that the requirements of any such regulation, orders or acts are complied with.
10. The buyer of each lot shall with his/her purchase money pay the commission due with value added tax (VAT) thereon at the appropriate rate set by HMRC. All purchases made through Yakky.co.uk must be paid for by debit or credit Card or direct funds transfer. Cheques must be made out to Yakky Ltd and received within 24 hours after completion of sale. Yakky has the right to charge storage fees on occasions when no cleared funds have been received outside the agreed collection deadline.
11. All goods are sold as seen. Since items have been available for viewing by or on behalf of the purchaser prior to the sale, Yakky Ltd and the vendor give no warranty or condition guarantee. All legal or other warranty, condition or description expressed or implied as to the state, quality or fitness of the items is hereby explicitly excluded.
12. No Guarantees are offered by Yakky Ltd as to the roadworthiness of any of the automobiles, the sea‐worthiness of any sea bearing vessels or the air-worthiness of any aircraft placed up for sale on our auction site yakky.co.uk.
13. Potential buyers are strongly advised to satisfy themselves as to the authenticity of any item before placing a bid. Listed descriptions have been produced for Yakky Ltd by the vendor or generated from research / investigation carried out by Yakky ltd and should not be considered as 100% accurate. Commission will be due by the vendor to Yakky Ltd in the event of incorrect description of the Lot details by the vendor. The commission due will be at the pre-agreed rate pertaining to the relevant auction in question.
14. All purchasers must make an immediate 25% minimum upfront deposit upon winning the lot. Buyers must pay the full balance and collect the item within 48 hours. Any vehicles not collected from the premises within 5 days of sale will incur additional storage fees charged per vehicle, per day. Late payment charges may also apply.
15. Buyer fees are payable on top of the total purchase price and is subject to VAT at the rate set by HMRC. All potential purchasers are accepting the fees rate applicable to the auction once participating i.e. placing a bid or making a silent offer in writing or on Yakky.co.uk. If unsure of the rates, buyers can check online or contact Yakky directly.
16. Automobiles and any item requiring registration may incur onward administration fees if plates or corresponding documents are registered oversees. Potential purchasers of such vehicles are required to ensure they possess all the correct paperwork. Yakky Ltd will not be liable for any registration issues / delays or cost arising from these issues.
17. Registration for online bidding must be completed 24hrs prior to the commencement of the auction. Yakky shall not be held responsible for any loss of communication or connection between a potential buyer’s internet system and that of Yakky’s online auction platform. All participants in auctions through the yakky.co.uk website warrant that they are legally capable of entering into binding contracts, and are of the legal age required to purchase any relevant Good(s)
During a live auction, bidders can bid for a Lot by clicking the “Bid” tab. Each bid is deemed final and binding as soon as the Bid button is clicked. In the event of a tie (equal bid) between two potential buyers. The potential buyer who is first to place their bid will have their bid accepted and prioritised by Yakky.
18. All items auctioned through yakky.co.uk are subject to the conditions of Caveat emptor - the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made. Unless stated otherwise, the goods for sale are second hand. The vendor responsible for entering the item into auction claims no responsibility for the authenticity, commercial value, or quality of any of the item or items listed. The working or non-working condition (unless stated otherwise) of these items are not determined. Yakky Ltd advise items of an electrical nature (power supply or battery) should be tested by a competent person prior to use. Should Buyers intend to supply any Lots for domestic use, they should ensure that the Lots comply with the requirements of the Furniture and Furnishings (Fire Safety) Regulations 1988 or any other similar law. Buyers are advised that auctions held by Yakky Ltd is not a consumer sale for the purposes of Consumer Rights Act 2015 and the Buyer shall not seek to rely upon any conditions or warranties implied. Thereby or by any other legislation The Sale of Goods Act does not apply, and the Goods are being 'Sold as Seen'.”
19. Items listed for sale on yakky.co.uk or any affiliate brochure or advertisement can contain representations and statements such as origin, date, age, condition or expected selling price. All statements and representations must be deemed as opinion only.
20. (Yakky Ltd) nor the Vendor can be held liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside Our reasonable control (“Force Majeure Event”). Examples include a war, strike, riot, crime, epidemic or an event described under the legal term act of God.
