Conditions of Sale

All parties agree to accept these Conditions as binding. It is important in the interest of all parties that these conditions be read before selling, bidding for or buying any vehicle.

These Conditions shall apply to all vehicles and equipment entered for sale and to all vehicles sold by Newark Motor Auctions,(hereinafter called 'The Auctioneers') and shall be binding upon every vendor and purchaser.

GENERAL

ALL PERSONS SHALL BE DEEMED TO HAVE FULL KNOWLEDGE OF THE CONDITIONS OF SALE HEREON AND TO HAVE HEARD AND UNDERSTOOD THE AUCTIONEER'S DESCRIPTION OF THE LOT OFFERED. If any purchaser fails to comply with any of these conditions or with any other conditions shown hereon the Lot or Lots in respect of which such failure is made, may if the Auctioneer thinks fit, be put up again and resold. If upon such resale a lower price is obtained for any of such lots than was obtained by the First Sale, the difference in price plus all additional expenses shall be a debt due from the Purchaser in default upon the first sale. ALL PURCHASERS SHALL BE DEEMED TO HAVE INSPECTED ALL BODY WORK,EXTERIOR AND INTERIOR, INCLUDING ALL VISIBLE EQUIPMENT,FOR FAULTS, ACCIDENT DAMAGE, BLEMISHES, ROT, WEAR AND TEAR, ALTERATIONS, MODIFICATIONS AND ALL SUCH OTHER MATTERS. PURCHASERS WILL BE DEEMED TO HAVE FULL KNOWLEDGE OF SUCH STATE AND CONDITIONS AND (SUBJECT TO CLAUSE 7B), NO COMPLAINTS WHATSOEVER UNDER THESE HEADINGS WILL BE ENTERTAINED.

THE CONTRACT

1a) No vehicle will be accepted for sale unless the appropriate entry form has been fully completed and the entry fee paid. The Registration Book (and MoT certificate where applicable) must also be handed in to the Auctioneers and payment for the vehicle will not be made until this is produced. The particulars given on the Entry Form and the description of the vehicle contained therein form the basis of the Contract between the Vendor and the Auctioneers and the Auctioneers shall not be liable to account to the Vendor for any loss which may arise through the use of such particulars or description in any sale. b) On the sale of any vehicle the contract shall be deemed to have been made between the Vendor and the Purchaser and neither the Vendor nor the Purchaser shall have any legal right of Action against the Auctioneers in respect of any cause or matter arising out of the sale. The Auctioneers shall be entitled to a commission on the price at which the vehicle is sold in accordance with the published scale of charges. The commission will be paid by the Vendor at the time of sale. IF ANY VEHICLE IS ENTERED FOR SALE, AND IS SOLD BY THE OWNER OR HIS AGENT TO ANY PERSON ATTENDING THE SALE, THAT TRANSACTION SHALL BE DEEMED TO HAVE BEEN EFFECTED BY THE AUCTIONEERS AS AGENTS FOR THE OWNER AND FULL COMMISSION WILL BE PAYABLE. c) If the reserve price is not stated in the appropriate place on the entry form the vehicle will be sold without reserve. An entry form bearing the words NETT or CLEAR will be construed by the Auctioneers to indicate authority to sell at the price stated on the form. No vehicle once entered for auction may be withdrawn by the Vendor except at the Auctioneer's discretion, when a commission is levied as per the Tariff scale on the stated reserve price. Any vehicle sold without reserve may be held over to the next sale at the Auctioneers discretion in order to achieve the vehicles full potential. This decision rests with the Auctioneer not the Vendor. If in this event the Vendor decides to withdraw the vehicle then full commission is payable. d) The Auctioneers reserve the right to sell by Private Treaty at the Reserve Price (or such other price as may be agreed by the Vendor) any vehicle which has failed to sell by auction. Commission shall be payable by the vendor in accordance with the Tariff. e) Where any lot or lots are found to be subject to Hire Purchase Agreement the Auctioneers reserve the right to discharge the existing liability to the Finance Company concerned, remitting the balance if any to the Vendor on receipt of a Clearance from the Finance Company.

BIDDING

the Vendor and the Purchaser and neither the Vendor nor the Purchaser shall have any legal right of Action against the Auctioneers in respect of any cause or matter arising out of the sale. The Auctioneers shall be entitled to a commission on the price at which the vehicle is sold in accordance with the published scale of charges. The commission will be paid by the Vendor at the time of sale. IF ANY VEHICLE IS ENTERED FOR SALE, AND IS SOLD BY THE OWNER OR HIS AGENT TO ANY PERSON ATTENDING THE SALE, THAT TRANSACTION SHALL BE DEEMED TO HAVE BEEN EFFECTED BY THE AUCTIONEERS AS AGENTS FOR THE OWNER AND FULL COMMISSION WILL BE PAYABLE. c) If the reserve price is not stated in the appropriate place on the entry form the vehicle will be sold without reserve. An entry form bearing the words NETT or CLEAR will be construed by the Auctioneers to indicate authority to sell at the price stated on the form. No vehicle once entered for auction may be withdrawn by the Vendor except at the Auctioneer's discretion, when a commission is levied as per the Tariff scale on the stated reserve price. Any vehicle sold without reserve may be held over to the next sale at the Auctioneers discretion in order to achieve the vehicles full potential. This decision rests with the Auctioneer not the Vendor. If in this event the Vendor decides to withdraw the vehicle then full commission is payable. d) The Auctioneers reserve the right to sell by Private Treaty at the Reserve Price (or such other price as may be agreed by the Vendor) any vehicle which has failed to sell by auction. Commission shall be payable by the vendor in accordance with the Tariff. e) Where any lot or lots are found to be subject to Hire Purchase Agreement the Auctioneers reserve the right to discharge the existing liability to the Finance Company concerned, remitting the balance if any to the Vendor on receipt of a Clearance from the Finance Company.

PURCHASE

3a) Immediately a sale of a vehicle is completed, the Purchaser shall give his name and address to the Auctioneer. He shall pay for the vehicle in full or at the option at the Auctioneer shall make a deposit of 10% of the Sale price or not less Than £100.00 and the balance before the vehicle is removed. If a purchaser buys more than one vehicle, he must have paid for them all in full by cash or Banker's Draft before any one vehicle may be removed. A payment by cheque will not confer upon the Purchaser a right to remove the vehicle until the cheque has been cleared, and will not, until clearance, be deemed to constitute a payment within the meaning of these Conditions. All vehicles shall be paid for not later than the time stated in notices published around the Salerooms. If any vehicle is not paid for by that time, any deposit will be forfeited and the vehicle resold without notice to the Purchaser. Any charge or loss incurred on any resale shall be payable by the original defaulting purchaser.

LOSS AND DAMAGE AND STORAGE

b) Each Lot brought into the Auction remains at the Owner's Risk until the fall of the hammer, when the risk immediately passes to the Purchaser. c) The Auctioneers will not be responsible for loss or damage caused by drivers, towing, demonstrating, fire, accident, frost, theft or other causes whatsoever and notwithstanding that any such loss or damage may have been due to the negligence of the Auctioneers, their Agents or servants. d) The vehicle in all respects (and this shall be to include the time when the vehicle is being test demonstrated on the Auction premises, public highway or elsewhere to any person interested in the vehicle) is held after delivery to the Auction premises at the risk of the Vendor before the contract and thereafter at the risk of the buyer under the contract. e) All Lots left on the premises for any reason whatsoever after being offered for sale remains entirely at the owners risk and the owner will be liable for garage or storage charge at the rate of £10 per day and per night. f) Any purchased vehicle left on site for 7 days will immediately be removed from the premises or resold subject to the auctioneer's discretion. Any subsequent difference between the original selling price and the disposal price will be bourne by the original purchaser, including commission and storage costs.

DEFECTIVE VEHICLES

4a) where a vehicle is sold in an unroadworthy condition within the meaning of Section 60 of the Road Traffic Act 1972, the Purchaser undertakes not to use such a vehicle on any road to which the public has access until such time as the vehicle has been put into a roadworthy condition within the meaning of the said Act. b) All Lots offered for Sale without Warranty and As Seen, the Sale of Goods Act does not apply to Auctions, Caveat Emptor' - Buyer Beware.

COMPLAINTS

5a) All Lots are sold with only such warranties as are expressly read by the Auctioneer from the entry form at the time of sale. All other conditions and warranties whether implied or expressed under Custom, Common Law or Stature are excluded. b) Where a vehicle is sold Without Reserve, As Seen it shall be implied that it is sold with all its faults, imperfections and errors of description and the Purchaser shall have no right to return the vehicle, to claim damages or to any other remedy of whatsoever nature. AS SEEN VEHICLES CANNOT BE REJECTED UNDER ANY CIRCUMSTANCES WITH THE EXCEPTION OF CLAUSE 7a.

MILEAGE

6) Unless specifically stated by the Auctioneer, upon the instructions of the Vendor, no odometer reading can be taken to be correct.

COMPLAINTS PROCEDURE

7a) Notwithstanding Clause 5a, in the event that a Lot is proved within seven days of the sale Day to be the undeclared subject of a Registration with Hire Purchase Information Ltd as an Insurance Total Writeoff, the Purchaser shall be entitled In give notice to the Auctioneers and immediately return the Lot, solely at his own expense, to the Auctioneers and have the sale annulled. The Purchaser shall then be entitled to receive back any sum paid by way of purchase money but without interest and HE SHALL HAVE NO CLAIM AGAINST THE AUCTIONEERS IN RESPECT OF ANY DAMAGES, COMPENSATION OR EXPENSES INCURRED IN IMPROVING, REPAIRING OR RETURNING THE SAID LOT. b) The sale of a Lot shall not be annulled because of delay in delivery of a Registration Book (where applicable) except at the sole discretion of the Auctioneer. c) Except where the vehicle is sold under the provisions of Condition 7a hereof, any misrepresentation alleged must be notified to the Auctioneer by the Purchaser and the vehicle, returned to the Auctioneers within 24 hours. If a vehicle has been rejected because of misrepresentation and the Auctioneers accept that there has been accepted by the Purchaser, and the Vendor will be charged the selling commission. misrepresentation, it need not be a

TITLE INSURANCE (INDEMNITY)

9) On the making of the contract of Sale the purchaser shall pay to the Auctioneer an indemnity fee plus VAT as specified in the Tariff, and in consideration thereof the Auctioneers will indemnify the purchaser against removal of the vehicle by an Official Body, resulting in Loss of Ownership. This indemnity shall be limited only to an amount equal to the price paid by the Purchaser for the vehicle. It shall be obligatory on the Purchaser to notify the Auctioneers in writing within 24 hours after the Sale, if the chassis number of any vehicle purchased differs from that shown on the Registration Document, or if there has been any alteration, or apparent alteration of such chassis number, or if the number is not in the usual place of if any apparent alteration has been made to the details shown in the Registration Document. Failure to notify the foregoing may invalidate the Indemnity. This condition shall not operate to release the Vendor from liability to the purchaser or his assignee in respect of the warranty or condition expressed or implied or statutory or otherwise as to the vendor's Title and right to sell the vehicle. In the even of the Auctioneers making settlement to the purchaser under the terms the Indemnity, the purchaser shall be deemed to have assigned all rights of action against the Vendor to the Auctioneers and shall so assign them if called upon to do so. 10) The Auctioneer reserves the right to refuse entry to any vehicle, or insist on advance payment of full commission according to the current tariff. 11) Information given on the windscreen stickers constitutes no contract between the auctioneer and Purchaser. Listen to what the Auctioneer says. No arbitration will be entered into over windscreen stickers.

Decidebloom Ltd. Registered Office: Winterton Road, Scunthorpe, North Lincolnshire DN15 6AH Registered in England No. 3003995 VAT No. 616 9960 04 399