Terms and Conditions
You must be 18 years of age to use this Website.
You agree to be bound and abide by the terms and conditions detailed below. These are brought to your attention at the point of registration for bidding at each sale. You are advised to read them carefully and only register if you agree with them. SJH - All Plant Group Ltd hold Preview days allowing bidders the opportunity to view and inspect the goods offered prior to bidding. We remind you that if you are a consumer you have no right of cancellation under the Distance Selling Directive (Directive 97/7/EC). The implied terms of The Sale of Goods Act do not apply to Auction Sales of Second hand goods (provided, opportunity to attend in person - see DTI Directive. The Sale and Supply of Goods to Consumers Regulations 2002). Caveat Emptor applies. If you do not agree to these terms and conditions, please do not register for the auction. Registration and/or bidding for any lot shall be deemed to be acceptance of these terms and conditions.
For the purposes of these terms we will use the following definitions:
"SJH - All Plant Group Ltd" T/A SJH - All Plant Group Ltd the Company that owns and operates the www.sjhallplant.com website with its registered office at 5 Doolittle yard, Froghall Road, Ampthill, Beds, MK45 2NW registered number 04500584, SJH - All Plant Group Ltd is VAT registered (VAT No: GB 763817894).
"Website" refers to www.sjhallplant.com
"Auctioneer" means the traditional Auctioneer who has listed their catalogue with SJH - All Plant Group Ltd.
"Timed Auction" means an automatic auction that takes place online. The Auctioneer will describe the lots, list them on the "Website” and deal with all pre and post-sale enquiries, we will hold preview days. Bids are placed and accepted without the auctioneer calling the bids. Each auction shall have an end time and to prevent “bid sniping” the end time will automatically be extended. The highest bid to be the winning bid
"Bidder" means anyone using the www.sjhallplant.com website whether registered to do so or is merely browsing the site.
“Goods” means the goods sold pursuant to the auction process.
"Live Bidding Console" this is the web based console that the Auctioneer uses to run the live element of the sale. The Bidder also has a Live Bidding Console that is used to place bids live during the sale.
"Live Bid" is when a Bidder clicks on the bid button on the Live Bidding Console which is then relayed to the Auctioneer.
“Purchase price” means the sum total of the hammer price plus VAT and is payable in GBP (sterling) unless otherwise stated in writing.
“VAT” means the applicable tax payable to HMRC
SJH - All Plant Group Ltd has developed a portal website that allows Bidders to participate in a real auction in real time without having to attend the sale in person. The auction is broadcast via the internet and the bidder is given the opportunity to bid by clicking a bid button.
SJH - All Plant Group Ltd does not charge Bidders for accessing the Website or Signing up for the auction. However if you wish to bid on the items we request a minimum of £250 deposit which will be refundable via PayPal / Worldpay. Or alternatively should you wish to make a deposit over the phone you can do so by calling 01480890005.
We do not store card details, we take your deposits over the phone and key them straight in to our World pay device, your details are not written down or copied and as such for us to issue you a refund you will need to be on the phone for us to process. In accordance with PCI compliance.
If the refund is not requested we shall hold the deposit on account and you will automatically be registered for the next auction.
The Bidder agrees to pay SJH – All Plant Group Ltd for the won lots together with any other VAT and Auctioneer charges. In the event that the Bidder fails to pay for successful bids the deposit will not be refunded and kept to cover loss of sale charges and admin expenses incurred
The Bidder must register with SJH - All Plant Group Ltd in order to use the Website.
The Bidder must then register for each sale they intend to bid in and be approved by the Auctioneer prior to bidding. Once the Bidder has chosen a registration option for a sale and registered for that sale the Bidder cannot change the registration option for that sale. The Bidder must provide up to date correct information.
The Auctioneer may approve or decline a Bidder at his discretion and is not obliged to disclose reasons for declining a Bidder. SJH - All Plant Group Ltd reserves the right to refuse and or cancel a registration for any reason.
The Bidder agrees to not disclose details of their account to any third party or share account details with any other party. The bidder accepts that all activity conducted via their account will be the liability of the Bidder account holder.
If the Bidder believes that there has been any breach of security such as the disclosure, theft or unauthorised use of the Bidder login or account details, the Bidder must immediately notify SJH - All Plant Group Ltd by email at firstname.lastname@example.org
The employees or representatives of Seller are not authorized to make any statement or representation as to the quality, character, size, condition, quantity, etc. of the goods offered for sale inconsistent with these Terms and Conditions. Any such statements made will not be binding on Seller or be grounds for any subsequent claim.
The Bidding Process
Bidders have a responsibility to make their own inspection and investigation of the, and to satisfy themselves on all matters affecting the lots, and to inspect and satisfy themselves prior to the sale, as to the condition and description of a lot, its fitness and suitability for purpose.
Goods are believed to be correctly described but all goods are sold with all faults, imperfections and errors of description.
Before bidding the Bidder should satisfy that the item that they are bidding on is what they think it is and that they complete. SJH - All Plant Group Ltd accepts no responsibility for the description, authenticity, attribution, genuineness, origin, provenance, authorship, date, age, period, quality, condition, and fitness for purpose or legality of any lot offered.
Neither we nor SJH - All Plant Group Ltd nor the Auctioneers, their servants or agents makes or gives, nor has any person in the employment of the Auctioneers any authority to make or give, any representation or warranty in relation to any lots.
All Bids are final and legally binding in accordance with English Law. All hammer prices are exclusive of Value Added Tax and this will be charged at the applicable rate if selling to the UK on top of the final bid amount.
The Live bidding console is operated by the Auctioneer’s clerk as the sale happens, following the Auctioneer. This relies on the accuracy and speed of the clerk, and the patience of the Auctioneer to accept bids from the console as they are relayed to the Auctioneer by the clerk. We ask all Bidder’s to bid early and quickly in order to avoid missed bids. SJH - All Plant Group Ltd accepts no responsibility for the failure or non- acceptance of bids by the Auctioneer for whatever reason.
Shipping or collection of Won Lots Transport and Shipping is the bidder’s responsibility. SJH – All Plant Group Ltd can obtain quotes / deliver at an additional cost, please ask for more details.
Risk and Title
As from the date and time the Bidder is declared, all risks in and relating to the Goods purchased, shall pass to the Bidder and the Bidder is strongly advised to effect insurance for these risks at once. In no circumstances will the Auctioneers or SJH - All Plant Group Ltd be responsible if any Goods or part thereof be lost, stolen, damaged or destroyed after the Bidder is declared. SJH - All Plant Group Ltd shall only sell such title to the Goods as he may have. Neither the Auctioneers nor SJH - All Plant Group Ltd warrants SJH - All Plant Group Ltd’s good title to any of the Goods and if it is found that SJH - All Plant Group Ltd does not have title or unencumbered title to any of the Goods purported to be sold under these conditions the Bidder expressly agrees that it shall have no right either to rescind the contract or to claim damages or a reduction in the consideration paid or payable under the contract. Title to each of the Goods will not pass until:-
(a) all debts owed by the Bidder to the Auctioneers (whether part paid secured or otherwise) are settled, for the avoidance of doubt the debts shall not be settled until (where payment or part payment is made by cheque) all cheque(s) in question have been cleared; and
(b) such Goods have been removed from the premises at which the sale is held or where the Goods are being stored in their entirety.
The Bidder has no right to anything not described in the auction catalogue. Delivery of lots sold will be made only to the declared Bidder and no transfer of any lot or part of a lot to any other person will be recognised. Prior to the removal of any lot SJH - All Plant Group Ltd may rescind the contract for the sale of that lot and refund to the Bidder any money paid by the Bidder for the lot should any third party claim title to or possession of any part of the lot. The Bidder will be responsible for removal of lots at his own expense and must provide his own labour, and equipment. The Auctioneers require that in pursuit of safe working practice all equipment used for lifting and transportation should be covered by appropriate insurance and registration documents (in particular but not limited to lifting equipment and fork lift trucks). Such documentation shall be produced to the Auctioneers by the Bidder on request for inspection and if the Bidder fails to produce such documentation the Auctioneers reserve the right to refuse to clear the lot and/or rescind the sale in which event the provisions of Default by Bidder will apply. Furthermore appropriate personal protective equipment must be worn during these activities and due regard paid to safe material handling practices.
Refund and Cancellation
Any service or subscription charges paid are non-refundable. Services are provided on a per-event basis and paid accordingly. There is no need to inform us of your wish to cancel any service as you will not be re-billed unless you specifically sign up to further events with us. Deposit placed for bidding purposes are refundable upon request in the event that you did not win, SJH – All Plant can remove an item from sale / cancel a sale at any point without prior notice or explanation.
Default by Bidder
Upon failure by the Bidder for whatsoever reason:-
(i) to pay a deposit in full if required; or
(ii) to pay the purchase price in full on the due date; or
(iii) to provide any documentation required under these conditions; or
(iv) to remove the goods in a safe or satisfactory way; or
(v) to remove any lot from the premises on or before the date specified for removal.
SJH - All Plant Group Ltd will be entitled to rescind the contract forthwith without incurring any liabilities to the Bidder and, without prejudice to any claims of SJH - All Plant Group Ltd and/or the Auctioneers against the Bidder arising from breach of contract or otherwise, upon rescission as aforesaid the following provisions apply:
(a) all monies deposited in part payment will be forfeited and used to pay SJH - All Plant Group Ltd's and/or Auctioneer's expenses referred to in paragraph (d) below;
(b) if the lots have been removed in breach of these conditions, SJH - All Plant Group Ltd and/or the Auctioneers, their servants or agents may enter the premises of the Bidder to recover such lots;
(c) lots may be re-sold or otherwise disposed of by the Auctioneers in the manner they feel appropriate at their sole discretion and any deficiency arising upon the resale together with the expenses of it shall be due as a debt from the Bidder in default upon the first sale. The Bidder consents to such a resale on the Auctioneer’s conditions of business applicable at the time of resale. Neither the Auctioneers nor SJH - All Plant Group Ltd shall be liable to account to the Bidder in the event of a re-sale at a higher price than the price contracted to be paid by the Bidder. The Bidder waives any claim in such a case that he may have title to the lot and agreed that any re-sale price shall be deemed commercially reasonable;
(d) the Bidder will be responsible from the specified time for final removal for all losses and expense incurred by SJH - All Plant Group Ltd and/or the Auctioneers including storage, security and removal expenses, the costs of re-selling or disposing of lots and Auctioneer's commission.
Limitations of service and Liability
Neither SJH - All Plant Group Ltd nor the Auctioneers, their servants or agents shall be liable for any loss or damage suffered by the Bidder arising out of or in connection with any defects or deficiencies in any lots purchased, errors of description in the auction catalogue, any misstatements as to any matter affecting the lots or the failure of the lots to fulfil the functions for which they were intended.
The Auctioneer’s and SJH - All Plant Group Ltd’s total liability for breach of contract or negligence is limited to the Bid Price.
Neither the Auctioneers nor SJH - All Plant Group Ltd shall be liable for any indirect or consequential loss or damage (whether for loss of profit, loss of business or otherwise) incurred by the Bidder whatsoever.
Nothing in these conditions excludes or limits the liability of the Auctioneers or Vendor for death or personal injury caused by their negligence or fraudulent misrepresentation.
Nothing in these conditions shall prejudice the statutory rights of a consumer who shall be bound by these conditions only insofar as they are consistent with such statutory rights.
The Bidder accepts that the website may encounter technical difficulties beyond the control of SJH - All Plant Group Ltd and the service may be withdrawn at any time. SJH - All Plant Group Ltd accepts no liability for loss of service outside its reasonable control including internet failures, subcontractors IT systems, and telecoms failures. The Bidder is advised to make alternative provision for bidding should this occur.
SJH - All Plant Group Ltd accepts no responsibility for the service and cannot make any guarantees that the service will be uninterrupted. SJH - All Plant Group Ltd does not warrant that the Website is free of viruses or anything else that may contaminate or be destructive and therefore the Bidder accepts that SJH - All Plant Group Ltd does not provide protection of the Bidder’s system against potential threats or damage. SJH - All Plant Group Ltd accepts no responsibility for the inclusion of any information, language or content or any detrimental effect it may have.
Accident or Damage
Neither the Auctioneers nor SJH - All Plant Group Ltd will accept any responsibility for any accident, except for that arising out of its negligence, or the negligence of its agents or employees, resulting in death or personal injury) howsoever caused to any person which may occur whilst on the Auctioneer's premises, SJH - All Plant Group Ltd's premises or such other premises used to hold the auction or to store the lots before during or after the sale and any person entering the premises does so at his own risk and is deemed to have notice of the condition of the premises and their contents.
The Consumer Protection Act 1987
No lots are sold as new.
Health & Safety At Work
It is expressly brought to the Bidder’s attention and that of potential Bidders, at the time of sale, any item of plant, machinery or equipment contained in the goods may not necessarily comply with the Health and Safety at Work Etc. Act 1974; the Environmental Protection Act 1990; Construction Design and Management Regulations 1994 or any other Act of Parliament or regulations thereunder governing the use of that plant, machinery or equipment in a working environment. Bidders of any such plant, machinery or equipment are hereby required to ensure so far as reasonably practicable that such item will be safe and without risk to health and that the use of any such items at a place of work within the EEC & the United Kingdom does not contravene any such Act of Parliament or regulation applicable to such use.
Copyright and Website Protection
The Bidder will not cause SJH - All Plant Group Ltd any loss, damage or liability whatsoever. The Bidder will not copy, modify or publically display content of the website, make a derivative product or cause any burden or unreasonable demand on the website. The Bidder will not use any offensive, defamatory, illegal or controversial language when using the Website or act in a manner that will cause harm to SJH - All Plant Group Ltd.
SJH – All Plant Group Ltd, we can assure you that your data of which types listed below is stored securely and only used for legitimate reasons. We store such information for our customer and suppliers as your full company details, which can include your name, address, phone numbers, email addresses, company registration numbers, vat numbers, UTR numbers and national insurance numbers for use with the CIS (construction industry scheme) we also store all payment history and transaction history including supplier bank details to enable us to make payments to our suppliers.
We do NOT store any customer banking information or credit or debit card details
We have not and will never sell your data to any third party companies. Unless we are compelled to do so by government agencies / law/
Price Guide The "Price Guide" is provided with no guarantee of accuracy of hammer prices. The hammer prices published are provided by the Auctioneer during a live auction and do not always reflect unsold lots.
These terms and conditions are subject to change. SJH - All Plant Group Ltd reserves the right to amend them at any time. Notification of this amendment shall be effected by posting the new terms and conditions on the Website.