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Terms & Conditions

Terms & Conditions – General sales

 

 

 

 

The following conditions, together with such other terms, conditions and notices as may be set out in any relevant Catalogue or any separate notice to purchasers (together the `Conditions of Business`):

 

 

 

 

(a) govern Storage Bidder Ltd entire relationship with actual or prospective Buyers including persons reading Catalogues or otherwise; and

 

 

 

 

(b) are Storage Bidder Ltd and the Seller`s entire agreement with the Buyer or prospective Buyer at auction or at any private sale and all other conditions whether express or implied at common law or by statute as are capable of lawful exclusion are hereby excluded.

 

 

 

 

The Conditions of Business and all other contents of any Catalogue are subject to amendment by Storage Bidder Ltd by the posting of notices, by oral announcement made by the auctioneer prior to or during the sale, or by way of an agreement in writing signed by the parties concerned. Definitions of words and phrases with special meanings appear in Condition.

 

 

 

 

The Buyer

 

 

 

 

(a) By participating in this sale, the Buyer agrees to be bound by the terms of the Conditions of Business. The highest bidder acknowledged as such by the auctioneer will be the Buyer. In the event of doubt on Storage Bidder Ltd part as to the validity of any bid, the auctioneer will have absolute discretion to determine the successful bidder, cancel the sale or to re-offer and re-sell the lot and/or to take such other action as the auctioneer deems fit. Any bidder acting for any person who is not bidding shall be jointly and severally liable with that person for satisfaction of all obligations and liabilities hereunder.

 

 

 

 

(b) Without any liability to any prospective Buyers:

 

 

 

 

(i) Storage Bidder Ltd may alter or withdraw any lot from the auction for any reason up to the moment at which the hammer falls in relation to such lot(s).

 

 

 

 

(ii) where two or more consecutive lots are similar in quantity and description offer a choice on any subsequent lots to the Buyer at the same price.

 

 

 

 

(iii) without ascribing any reason therefore refuse to accept any bid.

 

 

 

 

(c) Storage Bidder Ltd, any Storage Bidder Ltd Affiliated Company, the Seller or any agent acting on its behalf may bid for any lot or lots offered for sale at the auction.

 

 

 

 

The Buyer`s Premium & Charges

 

 

 

 

The Buyer will pay to Storage Bidder Ltd twenty percent (20%) on the Hammer Price by way of a Buyer`s premium plus VAT (where applicable) for goods purchased through any means. The Buyer agrees that Storage Bidder Ltd when acting as agent for the Seller may also receive commission from the Seller.

 

 

The Buyer will pay to Storage Bidder Ltd five percent (5%) on the Hammer Price by way of a Online Surcharge plus VAT (where applicable) for goods purchased via online auctions.

 

 

 

A handling charge of £5.00 per lot will apply to any lot held on, requiring or containing a pallet.

 

 

 

 

Any lots not collected and removed in full by the time specified in the catalogue will be subject to a storage charge of £50 per day or part thereof, levied upon each invoice.

 

 

 

 

Value Added Tax (VAT)

 

 

 

 

The Buyer shall pay any VAT, which may be due on any amounts owed by the Buyer under the Conditions of Business at the rates prevailing on the day of the auction where applicable.

 

 

 

 

Payment & Deposits

 

 

 

 

(a) The Buyer shall make payment to Storage Bidder Ltd of the Total Amount Due in cleared funds by 11am on the day following the sale;

 

 

 

 

(b) Bank card pre-authorisations are required to be able to bid online to the value of £200.00. All pre-authorisations are carried out via Stripe to allow the Buyer to participate in each sale, the pre-authorisation is not deducted from the total bill due and the full amount must be paid on collection.

 

(c) All payments must be made in pounds sterling;

 

 

 

 

(d) Accepted forms of payment are cash on collection and online Bank card payment via our Stripe online payment service. We do NOT accept payment by cheque.

 

 

 

 

(e) If Storage Bidder Ltd does not receive payment in accordance with Clauses 5 (a), (c) and (d) above then it reserves the right to exercise any of the rights and remedies set out in Clause 10 below.

 

 

 

 

(f) Due to the money laundering regulations, we cannot accept cash payments over £5,000 for any one transaction.

 

 

 

 

Ownership of Lots Purchased

 

 

 

 

The ownership of the lot purchased will not pass to the Buyer until the Buyer has paid Storage Bidder Ltd in full the Total Amount Due and Storage Bidder Ltd has applied such payment to the lot and each such lot has been removed from the premises in its entirety.

 

 

 

 

Collection of Lots Purchased

 

 

 

 

(a) At the Buyer`s sole cost and expense, the Buyer shall collect the lot purchased from the premises at which they are sold not later than 11am on the day following the sale and/or notice to purchasers and this condition shall be of the essence of the contract, but not before payment to Storage Bidder Ltd of the Total Amount Due.

 

 

 

 

(b) Packing and handling of purchased lots is at the entire risk and expense of the Buyer. Storage Bidder Ltd is not responsible for acts or omissions by packers or shippers of purchased lots, whether or not such persons or entities are recommended by Storage Bidder Ltd.

 

 

 

 

(c) Access for the purpose of removal of lot(s) will be given only in normal business hours.

 

 

 

 

(d) Collection of goods in person must be pre-arranged with a Storage Bidder Ltd representative to ensure a member of staff will be on site and able to assist. Any goods not collected in the allotted time will incur charges outlined in Conditions.

 

 

 

 

(e) Any collections, that buyers wish to arrange via third party courier companies will be subject to minimum £10 handling fee, this fee may increase due to volume of lots purchased. The buyer must inform Storage Bidder Ltd local representative as soon as collection by third party courier collection is arranged, to ensure that the order can be pre-picked. All third party courier collections must be arranged within the sale collection times as laid out in the important sale information or the collection will be subject to the late collection charges.

 

 

 

 

(f) All items should be accounted for and checked by the buyer upon collection, Storage Bidder Ltd can accept no liability for any items either missing or incorrectly described once goods have left the premises and a collection note has been signed. All stock must be checked by the Buyer prior to leaving the Storage Bidder Ltd premises and no refunds or concessions will be available to Buyers for an incorrect description or any other fault or miss-description listed by Storage Bidder Ltd that the Buyer may feasibly check on site. Any refunds for any defects that may not immediately be detected by the Buyer upon a quick check.

 

 

 

 

Third Party Claims

 

 

 

 

Should any party claim possession of or title to all or part of a lot prior to its removal, the auctioneer reserves the right to rescind the sale thereof.

 

 

 

 

Transfer of Risk

 

 

 

 

Risk of loss and damage to any lot purchased shall pass to the Buyer upon the fall of the hammer. The Buyer is advised to effect any insurance it may consider necessary. Any duty of the auctioneer and/or the Seller to deliver lots shall be deemed performed upon the fall of the hammer even if a lot is subsequently damaged and/or part thereof has been lost.

 

 

 

 

Remedies for Non-Payment or Failure to Collect Purchases

 

 

 

 

If the Total Amount Due is not paid on any lot or the Buyer fails to collect the lot in each case in accordance with the Conditions of Business the Buyer will be in default and Storage Bidder Ltd, as agent of the Seller or for itself, as appropriate, shall, at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following rights and remedies:

 

 

 

 

(a) proceed against the Buyer for damages for breach of contract;

 

 

 

 

(b) cancel or rescind the sale of that or any other lots sold to the defaulting Buyer at the same or any other auction, retaining as compensation all payments made by the Buyer referable to any losses, costs or expenses incurred by the Seller or Storage Bidder Ltd as a result of the Buyer`s default;

 

 

 

 

(c) re-sell the lot or cause it to be re-sold by Storage Bidder Ltd or any Storage Bidder Ltd Affiliated Company by public auction or private sale, and hold the Buyer liable for the Deficiency. The defaulting Buyer hereby agrees that any resale price at public auction shall be deemed commercially reasonable;

 

 

 

 

(d) hold the Buyer liable for the Total Amount Due and the Deficiency;

 

 

 

 

(e) reduce the Total Amount Due or the Deficiency or any other amounts the Buyer owes to Storage Bidder Ltd or any Storage Bidder Ltd Affiliated Company by:

 

 

 

 

(i) any proceeds of sale then due to or thereafter becoming due to the Buyer from Storage Bidder Ltd or any Storage Bidder Ltd; or

 

 

 

 

(ii) any payment made by the Buyer to Storage Bidder Ltd or any Storage Bidder Ltd Affiliated Company, whether or not intended to reduce the Buyer`s obligation hereunder;

 

 

 

 

(f) until payment of all outstanding amounts due to Storage Bidder Ltd or any Storage Bidder Ltd Affiliated Company have been made in full, exercise a lien on any property of the defaulting Buyer which is in the possession of Storage Bidder Ltd or any Storage Bidder Ltd Affiliated Company for any purpose and to sell the same;

 

 

 

 

(g) charge the Buyer a minimum handling charge payable to Storage Bidder Ltd by the Buyer of one per cent (1%) plus VAT (where applicable) of the Total Amount Due per month commencing on the seventh day after the sale and for each successive month or any part thereof;

 

 

 

 

(h) charge the buyer a minimum of £50 plus VAT (where applicable) per day or part thereof storage per outstanding invoice on any goods not paid for and collected by the time specified in each auction catalogue

 

 

 

 

(i) insure, remove and store the lot either at Storage Bidder Ltd premises or elsewhere at the sole risk and expense of the defaulting Buyer;

 

 

 

 

(j) charge the Buyer interest at a rate not exceeding five per cent (5%) above the base rate of the auctioneer`s bankers per month on the Total Amount Due to the extent it remains unpaid for more than seven days after the date of the auction.

 

 

 

 

(k) hold the Buyer liable to indemnify Storage Bidder Ltd against any loss or damage suffered by Storage Bidder Ltd

 

 

 

 

Liability of Storage Bidder Ltd, and Storage Bidder Ltd Affiliated Company & Sellers

 

 

 

 

(a) All goods are sold with all faults and imperfections and errors of description. All goods are ‘sold as seen’. Illustrations in Catalogues are for identification only. Buyers should satisfy themselves prior to sale as to the condition of each lot and should exercise and rely on their own judgement as to whether the lot accords with its descriptions. Storage Bidder Ltd has not tested electrical or mechanical goods and the Buyer is solely responsible for testing such goods before using them. Subject to the obligations accepted by Storage Bidder Ltd under this Condition as set forth below, none of the Seller, Storage Bidder Ltd or any Storage Bidder Ltd Affiliated Company or any of their respective servants or agents is responsible for errors of description in the Catalogue or elsewhere or for the genuineness or authenticity of any lot. No warranty whatever is given by Storage Bidder Ltd or any Storage Bidder Ltd Affiliated Company or any of their respective servants or agents, or any Seller to any Buyer in respect of any lot and any express or implied conditions or warranties are hereby excluded.

 

 

 

 

(b) Any claim by the Buyer against Storage Bidder Ltd, its servants or agents under this Condition shall not extend to any loss, interest or damage suffered or expense incurred by the Buyer.

 

 

 

 

(c) Neither Storage Bidder Ltd nor the Seller make any representations or warranties, implied or express, to the Buyer, as to whether any lot is subject to any export restrictions from or import restrictions into the United Kingdom or any import or export restrictions of any other country.

 

 

 

 

(d) Storage Bidder Ltd and the Seller hereby severally exclude liability for any accident or injury, howsoever arising, sustained by any person or persons who may attend at the premises for the purpose of the auction, inspection, purchase, collection or any other business.

 

 

 

 

(e) Notwithstanding anything contained in the Conditions of Business, any claim against Storage Bidder Ltd, its servants or agents, or any Storage Bidder Ltd Affiliated Company, its servants or agents, by the Buyer shall be limited to the Hammer Price and Buyer`s Premium actually paid by the Buyer to Storage Bidder Ltd with regard to that lot.

 

 

 

 

(f) Storage Bidder Ltd sells as agent for the Seller (except where it wholly or partly owns any lot as principal) and as such is not responsible for any default by the Seller.

 

 

 

 

(g) Neither the Seller nor Storage Bidder Ltd recommend any other organisation or represent the competence of any other organisation representatives or advertising literature of which is at or about the auction premises by reason of the fact of the Seller or Storage Bidder Ltd have allowed such representation or literature to be available or distributed at the auction premises.

 

 

 

 

(h) No brand names, manufacturer names or store names are to be mentioned or referred to in the resale of any goods and items purchased from any of our sales. Any one person known to doing so will be given an instant ban from attending further sales without exception.

 

 

 

 

Admission

 

 

 

 

Storage Bidder Ltd shall have the right at its absolute discretion to refuse admission to any person to its premises or to attendance at auctions. NO persons under the age of 16 shall be admitted to the auction premises.

 

 

 

 

Telephone and absentee bids

 

 

 

 

Storage Bidder Ltd may if so instructed execute bids on behalf of prospective Buyers. Neither Storage Bidder Ltd nor its servants or agents are responsible for any neglect of default relating to bids made in connection with absentee or telephone bids, including, without limitation, any telecommunications errors or failures. It is the buyers responsibility to contact us on 01254 830107 to find out if they have been successful.

 

 

 

 

Personal Details

 

 

 

 

If Storage Bidder Ltd so requests, the Buyer agrees to provide written confirmation, in a form satisfactory to Storage Bidder Ltd of their name, permanent address, proof of identity and creditworthiness.

 

 

 

 

Estimates

 

 

 

 

Storage Bidder Ltd makes no representations or warranties as to the anticipated selling price of any item of property. No estimates anywhere made by Storage Bidder Ltd, its servants or agents, whether in writing or orally, may be relied upon as a prediction of the actual selling price. Estimates in Catalogues, receipts and elsewhere are subject to revision by Storage Bidder Ltd from time to time in the exercise of its sole discretion.

 

 

 

 

Representations and Statements

 

 

 

 

Any representation or statement by Storage Bidder Ltd in any Catalogue, condition report or elsewhere and whether oral or in writing as to authenticity, genuineness, origin, date, age, provenance, condition, reserve price or estimated selling price is a statement of opinion only and not of fact. Neither Storage Bidder Ltd nor its servants, officers, directors or employees are responsible for the correctness or such opinions, whether orally or in writing.

 

 

 

 

Storage Bidder Ltd reserves the right to use any photographic images of any of the lots for publicity material. Copyright of the images will remain with Storage Bidder Ltd. Any stock images are used for illustration purposes only, the items may vary from the actual image.

 

 

 

 

Definitions

 

 

 

 

In the Conditions of Business, terms defined below shall have the meanings set forth herein:

 

 

 

 

(a) “Buyers Premium” means the premium payable to Storage Bidder Ltd by a Buyer under Condition 3 plus VAT (where applicable) thereon

 

 

 

 

(b) “Catalogue” includes any advertisement, brochure, estimate, price list and other Storage Bidder Ltd or Storage Bidder Ltd Affiliated Company`s publication;

 

 

 

 

(c) “Deficiency” means all handling charges, interest, collection fees, incidental liabilities, costs (including without limitation legal fees and expenses) and storage, removal and insurance fees and with respect to any resale whether by private sale or at public auction any shortfall between the original Hammer Price and the resale Hammer Price, the Expenses of both sales, the Seller`s Commission and the Buyer`s Premium on both sales and any VAT which may be due;

 

 

 

 

(d) “Expenses” in relation to the sale of any lot means Storage Bidder Ltd charges and expenses including but not limited to charges and expenses for insurance, Catalogue and other reproductions and illustrations, any customs duties, advertising, packing and shipping costs, reproduction rights fees, costs of testing, searches or enquiries relating to any lot and any applicable VAT;

 

 

 

 

(e) “Hammer Price” means the price at which a lot is knocked down by the auctioneer to the Buyer or in the case of a private sale the agreed price, in both instances excluding the

 

 

 

 

Buyer`s Premium and any applicable taxes;

 

 

 

 

(f) “Seller” means the owner or authorised agent thereof or person in possession of the property consigned, other than Storage Bidder Ltd or Storage Bidder Ltd Affiliated Companies. If there are multiple owners or an agent or possessor, each shall assume all obligations, liabilities, representations, warranties or indemnities on behalf of the Seller set forth in the Conditions of Business, jointly and severally;

 

 

 

 

(g) “Seller`s Commission” means the commission payable to Storage Bidder Ltd by a Seller plus applicable VAT;

 

 

 

 

(h) “Storage Bidder Ltd” means Storage Bidder Ltd whose office address is Kings Court, 33 King Street, Blackburn, Lancashire, BB2 2DH, United Kingdom, company number 11024791;

 

 

 

 

(i) “Storage Bidder Ltd Affiliated Company” means any company other than Storage Bidder Ltd being a subsidiary of Storage Bidder Ltd for the time being within the meaning of section 736 of the Companies Act 1985 or a company with shareholders common to those of Storage Bidder Ltd;

 

 

 

 

(j) “Total Amount Due” means the Hammer Price in respect of the lot sold, together with any Buyer`s Premium, VAT chargeable, any customs duties and any additional charges, fees and expenses due from a Buyer or a defaulting Buyer.

 

 

 

 

Notices, Governing Law and Jurisdiction

 

 

 

 

(a) Any notice by Storage Bidder Ltd to a Buyer or prospective Buyer may be given by first class post, airmail, facsimile or hand-delivery either to such person directly, or at the last address known to Storage Bidder Ltd, or any representative or agent acting on his behalf at his last address known to Storage Bidder Ltd and if so given shall be deemed to have been duly received by the addressee 48 hours after posting or 24 hours after sending by facsimile or hand-delivery.

 

 

 

 

(b) The Conditions of Business and any amendments hereto shall be governed by and construed in accordance with English law. All transactions to which the Conditions of Business apply and all matters connected therewith shall also be governed by English law.

 

 

 

 

(c) Any dispute or difference arising out of any transaction to which the Conditions of Business apply and all matters connected therewith shall, at the election of Storage Bidder Ltd be referred to arbitration or otherwise to litigation to be conducted in either event in London, England. Each actual or prospective Buyer agrees to appoint irrevocably an agent for service of process in England immediately upon receipt of a request from Storage Bidder Ltd to do so.

 

 

 

 

Miscellaneous

 

 

 

 

(a) The headings in the Conditions of Business do not form part of the Conditions of Business, but are for convenience only.

 

 

 

 

(b) In the event that any provisions of the Conditions of Business should be held unenforceable for any reason, the remaining portions hereof shall remain in full force and effect.

 

 

 

 

(c) No act, failure to act or partial act by Storage Bidder Ltd shall be deemed a waiver of any of its rights hereunder.

 

 

 

 

(d) The singular includes the plural and vice versa where the context permits.

 

 

 

 

(e) The Conditions of Business shall not be assignable by the Buyer without the prior written agreement of Storage Bidder Ltd.

 

 

 

 

(f) Where terms have special meanings ascribed to them, a glossary may appear before or as Lot 1 in the Catalogue of the auction.

 

 

 

 

(g) Any waiver by Storage Bidder Ltd of a breach of any provision of the Conditions of Business shall not be considered as a waiver of any subsequent breach of the same or any other provision.

 

 

 

 

(h) Storage Bidder Ltd do not accept liability for the placing of bids on the site , or for the failure in any way or manner of the auction system which may lead to a purchaser failing to secure their lots. They will not be held responsible for any failure of the internet or related hardware and software. Storage Bidder Ltd reserve the right to cancel a sale, and re-offer any lots, extend the sale or change the method of sale ; in particular if Storage Bidder Ltd suspect tampering with the on-line system in any way whatsoever.

 

 

 

 

Terms and Conditions – Entire storage units, abandoned storage units, job lots

 

 

 

 

This document describes terms and conditions applicable to your use of the Services (as defined herein) made available by Storage Bidder Ltd, (“We” or “Us”) at the website www.storagebidder.co.uk (the “Site”).

 

Section 1: Information and Definitions

 

Please read and understand the following terms and conditions of use. Your registration on, and use of, the Site implies that you have read and accepted these terms and conditions. Do not use this Site if you do not agree and accept these provisions.

 

The following terms shall be defined as shown.

 

  1. “You” means the individual accessing the Site and/or your authorised representatives and anyone you provide access to the Site via your username and password for the purpose of viewing, bidding on or entering into a Transaction on the Site.

 

  1. “We”, “Us” and/or “storagebidder.co.uk” refer to Storage Bidder Ltd, whose registered company number is 11024791.

 

  1. “Services” means the content and functionality of the Site which allows You to bid on and purchase storage units being auctioned by storage houses which utilize the Site to hold lien auction sales.

 

  1. “Site” means the Storage Bidder website available online at https://www.storagbidder.co.uk or subdomains of storagebidder.co.uk or bid.storagebidder.co.uk.

 

  1. “Content” means all listings, text, files, images or other materials posted on, transmitted through or linked from the service.

 

  1. “Additional Agreements” means any additional terms specified by the selling storage house. These terms are above and beyond the terms of this Site. By placing a bid on the Site for a unit at a specific storage house, you are agreeing to any additional terms for the storage house.

 

  1. “Terms and Conditions” means the terms and conditions of use that may change or be modified from time to time. If such changes occur, you will be notified on the Site and your continue use of the Site indicates your agreement to such terms.
  2. “Transaction” means any purchase resulting from being the winning bidder of a storage unit available at a self storage house. Your completion of the sale at the storage house, removal of unit contents, and adherence to any Additional Agreements all constitute the Transaction for purposes of these Terms of Use.

 

Section 2: General Conditions

 

2.1 These Terms and Conditions set forth the general rules and conditions that apply to your use of the Site and any features or Services provided by Us. BY REGISTERING AS A BUYER OR SELLER OR OTHERWISE USING THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINS HEREIN. The Terms of Use is a legally binding agreement between You and Storage Bidder Ltd and, if applicable, the selling storage house and describes your responsibilities related to your use of the Services. Please read and understand these Terms of Use. By accessing the Site or using the Services, You confirm that You are over 18 years of age and are otherwise capable of forming legally binding contracts. If You do not agree with any part of these Terms of Use, You must not access the Site or use the Services.

 

2.2 We reserve the right at our sole discretion to modify or change the terms and conditions of these Terms of Use at any time. Except as otherwise noted, all changes shall be considered effective then they are posting on the Site. Your continued use of the Services indicates your agreement with the terms and any changes made by Us. It is your responsibility to review these Terms of Use periodically to stay apprised of any changes. Your right to use the Site and its Services is yours and is not transferable to any other person or entity.

 

2.3 You may be presented with Additional Agreements in various places on the Site. You agree to be bound by those agreements and your continued use of the Site and its Services depends upon your agreement with such. Selling storage houses will specify their Additional Agreements (in particular the time frame within which You must consummate the Transaction at the selling storage house) on the auction detail page and You are bound by such.

 

2.4 Your account is identified by your email address and is for your use only. All bids made using your account (winning or otherwise) are your responsibility. You are responsible for the confidentiality of your password and are responsible for all actions taken on the Site using your account. If You believe your account’s access have been compromised, please contact Us immediately.

 

2.5 You are allowed only one user account. No individual may have multiple accounts without express permission from Us.

 

2.6 We are not involved in the actual Transaction of the winning auction bid amount. You agree to appear within the time frame specified and conduct that Transaction locally at the selling storage house.

 

Section 3: Auctions

 

The following describes the terms and conditions under which We offer the ability to bid on storage auctions being offered by storage houses.

 

3.1 We are a venue. We do not conduct live auctions at storage houses. We facilitate the exchange of bids to allow You to participate in storage auctions being held by participating storage houses.

 

3.2 Control. We have no control over the items advertised in the storage units available on the Site, or the condition or legality therein. Due to Data Protection laws, any unit and its content thereof may be removed from the available auctions list at any time.

 

3.3 Release. The actual Transaction of sale occurs between You and the storage house. You agree to release Storage Bidder Ltd from any claims, demands or damages arising out of any dispute with the selling storage house.

 

3.4 Eligibility. Participating storage houses have the final say with regards to your eligibility to participate in their auctions, as well as clean out terms and payment terms.

 

3.5 Fees. In consideration of the Services provided by Us, buyers will be charged a twenty percent (20%/£10 min.) buyer’s commission charged to their credit card attached to their account at the time the auction closes plus 5% of the total hammer price if applicable. The 5% is deducted from the balance payable to the Storage House on collection. In the event a winner defaults on their obligation to remove the contents of a won unit, We will retain the charged twenty percent (20%/£10 min.) as an abandonment fee. Storage House sellers will be charged a five percent (5%/£5 min.) seller’s commission deducted from the total hammer price unless 3 or more units are submitted at the same time and location in which case no commission will be charged. Private sellers will be charged a twenty percent (20%/£10 min.) seller’s commission deducted from the total hammer price.

 

3.6 Disclosures. Each state may have different requirements with regard to disclosure of storage unit contents. Any pictures, inventory or description of contents is provided by the storage house and We assume no responsibility for the accuracy of such. You should be aware of laws governing the process for handling any illegal materials found in any storage unit. You assume sole risk and liability in the event You remove illegal items in violation of any laws.

 

3.7 Bidding and Conditions of Sale. Auctions may be cancelled by the storage house at any time up to 48 hours prior to the auction start time. Once the winning bidder has been notified by email and the buyer’s commission charged, the auction is considered closed. The winning bidder must then appear at the storage house within the time provided (after leaving a cleaning deposit, if required by the Additional Agreements, and paying the winning bid amount), empty and sweep the unit clean. In the event the winning bidder’s credit card is unable to be charged the twenty percent (20%/£10 min.) buyer’s commission, We may at our sole discretion: (i) complete the sale by contacting the winning bidder and requesting an updated payment method; (ii) award the winner to be the next highest bid; or (iii) request the selling storage house to re-offer the auction.

 

3.8 Site Uptime. We do not warrant that the Services will be available uninterrupted or error free, or that bids will be received or transmitted within any time frame. We do not warrant the performance of any obligations by the selling storage house. In no event shall We, our partners or vendors be held liable for lost profits or incidental, or consequential damages arising out of the failure of any information, data, or bid to be transmitted in a timely fashion, even if arising from our negligence.

 

3.9 Account Information. You agree to keep current any information associated with your account regarding your name, address or other data entered in the account management areas of the Site.

 

3.10 Trademarks. Storage Bidder and storagebidder.co.uk are trademarks and service marks of Storage Bidder Ltd. ALL RIGHTS RESERVED. All other trademarks, service marks, product names, company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names, company names or logos, including the reproduction, modification, distribution or republication, without the prior written permission of the owner of the same, is strictly prohibited.

 

Section 4: Content

 

You hereby acknowledge and agree that:

 

4.1 All listings, text, files, images or other materials (“Content”) posted on, transmitted through or linked from the service are the sole responsibility of the person from whom such Content originated. If You list Content on the Service, You are entirely responsible for each individual item of Content that You post or otherwise make available via the Service, as well as for any errors or omissions in them.

 

4.2 We do not control and are not responsible for Content made available through the Service, and that by using the Service You may be exposed to Content that is inaccurate, misleading, offensive or is otherwise objectionable.

 

4.3 The Service and Content may contain links to other websites which are wholly independent of Storage Bidder. Storage Bidder makes no representation or warranty as to the accuracy, completeness or validity of the information contained in any such link or website. Linking by You to any other website(s) is done at your own risk.

 

4.4 You agree that You must evaluate and bear all risks associated with the use of any Content, that You may not rely on such Content and that under no circumstances will Storage Bidder be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Service.

 

4.5 Storage Bidder does not pre-screen or approve Content, but Storage Bidder shall have the right, but not the obligation, in its sole discretion, to refuse, delete or modify any Content for violating the spirit of the Terms of Use or for any other reason, for which any fee that was paid for use of the Service will not be refunded.

 

Section 5: Site Access, Monitoring and Compliance

 

5.1 Access to Services. We do not guarantee continuous or uninterrupted access to the Services. Your internet connection speed will determine page load performance.

 

5.2 No Interference. You agree that You will not use robots, spiders or other automatic or manual processes to monitor or copy our web pages, Content or data without or express written permission. You agree to not use any device or software to interfere with the proper operation of the Site or Services. You agree that You will not take any actions the will impose an unreasonable load on our servers or infrastructure.

 

5.3 Fraudulent Activity. You may not register to use the Services under a false name or use an unauthorised or invalid credit card in connection with the Services. You may not impersonate another user or make use of another user’s account or password.

 

5.4 Monitoring. You agree that We have the right to monitor any form of user activity on the Site or Content linked to or from the Site or Services. We may also investigate any credit card used by You on the Site, and take any action We deem necessary or appropriate including cancelling purchases made by You.

 

5.5 Compliance. The Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services and any transactions that may be conducted by means of the Services.

 

5.6 Remedies. Without limiting other remedies provided herein or available under law, We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registered user account and/or refuse to provide the Services to You: (i) if You breach these Terms of Use or any of the Additional Agreements it incorporates by reference or which You have separately entered into with Storage Bidder; (ii) if We are unable to verify or authenticate any information You provide to Us; or (iii) if We believe that your actions may cause legal liability for You, Us, our other users or other third party business affiliates.

 

Section 6: Indemnity

 

6.1 You agree to indemnify, defend, and hold Storage Bidder and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors (collectively, the “Company Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by You in connection with any use or alleged use of the service under your account by any person, whether or not authorised by You. Storage Bidder reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Storage Bidder’s defence of such claim.

 

6.2 Storage Bidder shall not be liable to You or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance or interruption of any of the Services. Storage Bidder reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Services at any time for any reason without prior notice or liability. Storage Bidder may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature or Content without prior notice or liability.

 

Section 7: Specific to the Purchase of Storage Unit Contents

 

This section describes your agreement with regards to the specifics of bidding on, and winning the contents of self-storage units being auctioned off per the storage house’s applicable terms and conditions. Additional rules may be specified by the storage house and are shown on the auction detail page and also apply here, as Additional Agreements.

 

7.1 This public sale is being conducted pursuant to the houses lien laws regarding tenants who have defaulted on their lease agreement.

 

7.2 To the best of the storage houses’ belief, none of the property in the unit is subject to a superior lien.

 

7.3 Once Storage Bidder determines the winners of an auction, that decision is final.

 

7.4 Storage units will have been opened for inspection and inventory.

 

7.5 All items contained in the storage units are sold “AS IS” and no guarantee or warranty is provided.

 

7.6 Payment of the winning bid amount is to be made directly to the storage house in compliance with their payment policies. VAT may be charged.

 

7.7 Storage houses may charge a cleaning deposit to be left in cash or card and refunded after unit inspection by the storage house. The winner is required to completely remove the contents of all won units. Leaving goods behind and sacrificing the cleaning deposit is not allowed and can result in suspension of bidding privileges.

 

7.8 In all cases, the unit must be clean and empty within 7 days of the auction close and notification of winner. Houses may specify a shorter time, check individual auctions.

 

7.9 A buyer’s premium of twenty percent (20%/£10 min.) of the winning bid will be charged to the credit card on file at the time of auction close (plus 5% of the hammer price if applicable to that unit(s)). In the event a winner defaults on their obligation to remove the contents of a won unit, We will retain the charged twenty percent (20%/£10 min.) as an abandonment fee.

 

7.10 Duplicate bidder accounts are not allowed. Storage Bidder will delete or suspend duplicate accounts at it’s sole discretion.

 

7.11 Storage Bidder reserves the right to change any screen names it deems offensive or inappropriate, at it’s sole discretion.

 

7.12 Storage Bidder reserves the right to suspend bidding privileges of any user at its sole discretion.

 

7.13 Sale is not complete until paid and removed from storage house. Storage house reserves the right to cancel any sale prior to departure from the storage house.

 

7.14 The Bidder acknowledges that in certain circumstances Seller may contact the Bidder and request that certain items be purchased back in order to prevent any court action with said tenant, the Bidder also agrees to sell to Seller such items for (a) the cost at which Bidder purchased such items plus (b) any reasonable actual costs incurred by Bidder in connection with such items.

 

7.20 Any items of a personal nature found in the storage unit are excluded from the sale and must be left with staff at the storage house. This includes wedding certificates, photographs, birth certificates, identifications, invoices, utility bills, tax records, etc.

 

7.16 In the event a winner does not pay for and empty the contents of a won unit, Storage Bidder may award it to a runner-up bidder.

 

7.17 Storage Bidder may extend an auction, delaying auction close per storage house request.