Auction terms

These terms apply to every lot that Cellwick Ltd offers by auction through the Auctions area of cellwick.com. They take precedence over our Terms and Conditions for the auction area; in all other respects the Terms and Conditions apply.

Bidding is open only to trade customers holding a business account we have approved. Consumers may not take part. Because every buyer is a business, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply and there is no right to cancel an auction purchase.

Each bid is a binding offer to buy the whole lot. A bid once placed cannot be withdrawn. You remain bound by your bid until you are outbid or the lot closes without a sale.

You enter your maximum bid. The system then bids on your behalf only the amount needed to lead, and never more than the maximum you entered. Your maximum is not shown to other bidders. If two bidders enter the same maximum, the bid received first leads.

You must keep your login details secure and not let anyone else use them. Bids placed through your account bind you unless you notify us of the misuse without delay.

The minimum increment depends on the current bid and is shown on each lot page. It is currently £10 up to £500, £25 up to £2,000, £50 up to £5,000, £100 up to £20,000 and £250 above that.

If a bid is placed within the last three minutes before a lot is due to close, the closing time is extended by three minutes from the moment that bid is received, and the extension repeats for as long as bidding continues. The time recorded by our server governs.

A lot may carry a reserve. The lot page shows whether the reserve has been met while bidding is open; the amount of the reserve is not disclosed. If the reserve is not met by the closing time, the lot closes without a sale and no contract is formed.

Otherwise the highest bid at the close wins, and at that moment a contract of sale for the whole lot is formed. The result is shown in the trade area and confirmed in writing, and the corresponding order is created automatically.

We may end or withdraw a lot early for good reason, in particular where the goods are lost or damaged, where the lot description contains an obvious error, or where we reasonably suspect manipulation of the bidding. Bidders will be notified; no further claims arise from an early withdrawal.

All bids and prices are ex VAT. VAT at the applicable United Kingdom rate is added to the invoice. Where goods are exported and we hold valid evidence of export within the time limits set by HMRC, the supply may be zero-rated; otherwise United Kingdom VAT is charged. The buyer is responsible for any import duty and import VAT in the country of destination.

The payment terms are stated on each lot. Unless stated otherwise, payment is in advance. The invoice is due in full, without deduction, within seven calendar days of the close of the lot.

If the buyer fails to pay or to take the goods, we may, after allowing a reasonable further period, terminate the contract and re-offer the lot. Any shortfall and the costs of re-offering are for the account of the defaulting buyer; any surplus does not belong to them. We may also charge interest and fixed compensation under the Late Payment of Commercial Debts (Interest) Act 1998.

Lots are sold whole; part quantities are not available. Unless stated otherwise, lots are handed over ex our Manchester warehouse, either to the buyer in person or to a carrier the buyer instructs. Collection must take place within ten working days of the close, after which we may charge storage of £[amount] per pallet per week. Risk passes on handover to the buyer or the buyer’s carrier.

Lots marked “advance sale” are not yet in our warehouse at the time of the auction. The lot page states the estimated time of arrival (ETA). That figure comes from the shipping line and is not a binding delivery date. If arrival is delayed by more than six weeks beyond the stated ETA, either party may terminate the contract, and any payment already made will be refunded without delay.

The lot description, including the stated condition (new, B-grade, customer returns, mixed), is the only agreed specification. Photographs and list values are for guidance only. The list value is the value of the goods at our normal trade prices ex VAT and is not a representation that any particular resale price can be achieved.

Lots described as B-grade or customer returns are sold as seen. So far as the law allows, all terms as to quality, fitness for purpose and correspondence with sample implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded for such lots. Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for breach of the terms as to title implied by section 12 of that Act.

The buyer must examine the goods immediately on handover and notify us of any shortage, transit damage or defect within seven days.

The buyer may resell the goods only in compliance with the product, labelling and packaging law applying in the market concerned, in particular the General Product Safety Regulations, UKCA and CE marking requirements, the Waste Electrical and Electronic Equipment Regulations 2013, the Waste Batteries and Accumulators Regulations 2009 and the packaging producer responsibility rules. Where the buyer exports the goods, the buyer is responsible for compliance in the destination market.

Every bid is logged with its time, a bidder reference and the amount, and the log is kept for six years. In the public bid history, bidders appear only under a number allocated for that lot. Details of how we process personal data are in our Privacy Notice.

These terms, and any contract made under them, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from the bidding process or the sale.

If any provision of these terms is found to be unenforceable, the remaining provisions continue in force. A person who is not a party to the contract has no rights under the Contracts (Rights of Third Parties) Act 1999.