Terms of
Business
1
DEFINITIONS
1.1
"We" or "Us" or "Our" means ASSETTrail which is a
trading name of JPS (Surveyors) Limited with company number 5017249 and whose
Registered Offices are currently situate at WORTH House, Unit 32, Stanley Road,
Manchester, M45 8QX.
1.2
"Bid" means the occasion when a Visitor clicks the "Place bid"
button within the Listing specifying the maximum sum the Visitor is prepared to
offer in respect of the Goods contained in the Listing or the occasion when any
such Bid is increased by a Visitor.
1.3
"Buyer" means a Visitor to the Listing on the Website who makes an
Offer which is accepted by Us for the purchase of Goods, thereby forming a
Contract.
1.4
"Buyer’s Email Address" means the email address that the Buyer
uses when making an Offer.
1.5
"Buy it now Feature" means the sales mechanism by which the
Visitor has the opportunity to purchase Goods at a fixed price specified by Us.
1.6
"Contract" means the contract between the Seller acting by Us
(solely as agents for sale) and the Buyer for the sale and purchase of Goods
which is formed in accordance with clause 7.1.
1.7
"eBay" means the services available from the online platform
operated from the domain and sub-domains of the Website.
1.8
"Expenses" means in relation to the sale of any Goods, Our charges
and expenses, including but not limited to legal expenses, charges for
insurance, online platform and transaction fees, customs duties, packing or
shipping costs, taxes, costs of testing, searches or enquiries relating to any
Goods or costs of collection from a defaulting Buyer plus an amount in lieu of
VAT if applicable on any expense incurred.
1.9
"Goods" means any goods offered for sale by Us on behalf of the
Seller within a Listing.
1.10
"Item Number" means the unique number attributed to Goods which
are contained in a Listing.
1.11
"Listing" means (i) the open advertisement for the sale on the
Website for a period of time of any Goods which have been given an Item Number;
and (ii) any information relating to any Goods; and (iii) these Terms of
Business, as provided by Us on behalf of the Seller, and which is accessible by
a Visitor.
1.12
"Offer" means the making of a contractual offer to purchase the
Goods on the terms set out herein by a Visitor via the Website, or alternatively
where a Visitor clicks the Buy it now Feature (where available).
1.13
"Seller" means the person (individual, corporate or unincorporate)
from or through whom instructions for the sale of Goods have been received by Us
and the person for whom we act as agent to sell the Goods.
1.14
"Visitor" means any natural person (whether acting as consumer or
within his or her trade, business or profession) or any body corporate or
unincorporate who visits a Listing on the Website.
1.15
"Website" means www.ebay.co.uk and any other eBay websites
operated in any other country as well as any other website used or operated by
Us to sell any Goods in a Listing
2
APPLICATION OF THESE TERMS OF BUSINESS
2.1
These Terms of Business apply to any Visitor. Any Visitor who does not
wish to be bound by these Terms of Business should leave the Listing.
2.2
Any Visitor who clicks the "Place bid", "Buy it now" or "Add to basket"
buttons within the Listing (as applicable) agrees to be bound by these Terms of
Business and any subsequent Contract will be on these Terms of Business to the
exclusion of all other terms and conditions (including any terms or conditions
which the Visitor or Buyer purports to apply under any purchase order,
confirmation order, specification or other document).
3
OUR CAPACITY
3.1
We act only as agent for the Seller (except where expressly stated to the
contrary) and no contract either expressly or implied in fact or law is
concluded between Us and the Buyer. Any contract for sale will be between the
Buyer and the Seller.
4
DESCRIPTION OF GOODS
4.1
All Goods are offered for sale with all faults and imperfections and
errors of description.
4.2
Any images in the Listing or otherwise supplied to a Visitor are for
general identification only and the Visitor should satisfy
himself/herself/itself prior to placing a Bid and making an Offer as to the
condition of the Goods.
4.3
Any statement by Us as to the Goods is a statement of opinion only and
every person should rely on his/her/its own judgement as to all matters
affecting the Goods. We do not make any representations of fact or give any
warranties in respect of the accuracy or completeness of any statement or
representation made by us or on our behalf which is in any way descriptive of
the Goods.
4.4
We do not undertake any obligation to a Visitor or Buyer to investigate,
examine or test any Goods so as to establish the accuracy of any description of
any Goods.
4.5
The Visitor may by prior arrangement with Us and at any time, physically
inspect the Goods during normal office hours.
4.6
The Seller does not make any representations of fact or give any
warranties in respect of the accuracy or completeness of any statement or
representation made which is in any way descriptive of the Goods.
5
SELLER'S TITLE TO GOODS
5.1
The Visitor and any Buyer recognise that the Seller can only pass such
right title or interest in any Goods which the Seller has at the conclusion of
the Contract. No representation or warranty is given by Us or the Seller as to
title beyond the fact that We offer the Goods for sale on behalf of the Seller
in good faith believing at the date of the Listing the Seller has good right
title or interest free from any encumbrance.
5.2
No warranty is given by Us that the Seller owns or is entitled to pass
good and free legal title in the Goods.
6
OFFERS
6.1
The placing of Goods in a Listing on the Website is an invitation from Us
for contractual offers to be made by Visitors with a view to there being a fixed
price sale. The use by Us of the eBay platform to put up for sale any Goods in
an 'auction-style listing' shall not constitute a sale by auction at law or
otherwise.
6.2
Any Bid made by a Visitor shall amount to a conditional offer to purchase
the Goods at the Bid price and to contract with the Seller to purchase the Goods
on the terms set out herein.
6.3
Once the Listing comes to an end, the Visitor who has made the highest
Bid at that moment (and who is referred to by eBay as "winning this item") shall
be deemed to make and shall make an Offer.
6.4
Visitors shall only be entitled to retract a Bid in accordance with the
eBay terms and conditions relating to such, as may be amended from time to time.
6.5
In placing a Bid, the Visitor acknowledges and agrees that the Listing
can be ended at any time by Us prior to any Offer being accepted.
6.6
Once an offer is accepted and a Contract exists, we are entitled at any
point up to the physical delivery of any Goods to the Buyer to either withdraw
and end the Listing or cancel any Contract in accordance with the eBay guidance
as to cancelling a transaction, as may be amended from time to time.
7
THE CONTRACT
7.1
A Contract shall come into existence only upon the express acceptance by
Us in writing of an Offer on behalf of the Seller, at which point the Visitor
shall become the Buyer and a legally enforceable binding contract of sale shall
come in to being between the Buyer and the Seller on the terms set out herein.
7.2
Unless otherwise agreed, You shall pay for Goods within 72 hours of the
Contract.
7.3
Following payment, We will invoice for the price of the Goods together
with any cost of packaging and delivery.
8
TERMS OF PAYMENT
8.1
Payment shall be made by any of the permitted methods referred to in the
Listing and payment will not be deemed to have been made until We are in receipt
of cash (subject to our satisfaction as to any money laundering procedures) or
cleared funds.
9
REMEDIES FOR NON-PAYMENT
9.1
If the total amount due for the Goods as shown on the invoice is not paid
in accordance with Clause 8.1 above, We shall have the discretion, and without
prejudice to any other rights We and/or the Seller may have, be entitled, both
on our own behalf and as agent for the Seller, to exercise one or more of the
following rights or remedies:
9.1.1
Commence proceedings against the Buyer on behalf of the Seller for
damages for breach of contract.
9.1.2
Rescind the contract.
9.1.3
Apply any payments made by the Buyer to Us as part of the total purchase
price or otherwise towards any costs or Expenses incurred in connection with the
sale and/or resale of the Goods.
9.1.4
Apply any payments made by the Buyer to Us as part of the total purchase
price or otherwise towards any debts owed by the Buyer to Us in respect of any
other transaction.
9.1.5
Arrange and carry out a resale of the Goods on a Website or by private
treaty in mitigation and reduction of the debt owed by the Buyer to Us. The
Buyer shall remain liable for any shortfall as between the amount due under the
invoice and the resale price. In such case the Buyer waives any claim it may
have to title to the Goods and agrees that any resale price shall be deemed
commercially reasonable.
9.1.6
Exercise a lien over any of the Buyer’s property that is in Our
possession for any reason until payment of all outstanding amounts due to Us by
the Buyer have been paid in full. If the amount outstanding then remains unpaid
for 14 days following notice being sent to the Buyer’s Email Address by Us of
the exercise of the Lien, then We shall be entitled to sell such property in
accordance with clause 9.1.5 above.
9.1.7
Charge the Buyer Ours and the Seller’s reasonable legal and
administrative costs.
9.1.8
Charge the buyer interest at a rate of 5 per centum per annum above the
base rate of Barclays Bank Plc on sums from time to time due on the total
purchase price under the invoice or any outstanding balance thereof to the
extent that it remains unpaid after the date for payment.
9.1.9
Insure and/or remove and/or store the Goods either at Our premises or
elsewhere at the sole risk and expense of the Buyer.
10
RISK AND BUYER'S TITLE TO GOODS
10.1
The Goods shall be at the Buyer’s risk from the date of the Contract.
10.2
Ownership of the Goods shall not pass to the Buyer until We have received
in full (cash or cleared funds) in respect of the Goods and all other sums which
are or become due to us from the Buyer on any account.
11
COLLECTION AND DELIVERY
11.1
Subject to clause 11.2 and 11.3 below We will deliver the Goods to the
Buyer to the address provided by the Buyer following receipt in full (cash or
cleared funds) of all sums due in respect of the Goods as shown on the invoice.
11.2
In some circumstances We will be unable to deliver Goods owing to their
nature or their particular location (and such will be detailed in the Listing).
In these events, the Buyer shall arrange to collect the Goods within 7 days of
payment.
11.3
In respect of Goods which are stated in the Listing to be able to be
delivered by Us, if the Buyer wishes to collect such Goods from Us, he/she/it
shall notify Us by email as soon as possible after the conclusion of the
Contract. To the extent necessary, the payment of any sum for delivery which is
made prior to the time when the Buyer gives notice he/she/it wishes to collect
any Goods shall be refunded by Us.
11.4
In the event that the Buyer has not collected any Goods within 21 days of
the Contract (and whether paid for or not), We shall be entitled to charge for
storage of the Goods and/or the costs of removal, packaging and handling of any
Goods which need to be moved to a suitable storage location, and may exercise
any rights under clause 9.1.
11.5
Notwithstanding the rights available under clause 9.1, any monetary
liability to Us as a result of a failure to collect Goods may be appropriated
out of any payment made to Us and the Buyer agrees to pay the balance on
demand. If no payment is made, the Buyer shall remain immediately liable
without demand for the price of the Goods and agree to pay the balance on
demand.
11.6
If for any reason a Contract is cancelled in accordance with clause 6.6,
the Buyer will not be liable for any storage costs.
12
OUR / SELLER'S LIABILITY
12.1
Neither Us nor the Seller nor any of Our/their employees and/or agents is
responsible or liable for any error, misdescription or omission in any Listing,
in writing or given orally.
12.2
Neither Us nor the Seller nor any of Our/their employees and/or agents is
responsible or liable for any loss of profits, revenue or income, damage to
reputation or wasted management time, nor for consequential or indirect loss of
any kind howsoever said to arise.
12.3
To the extent that We or the Seller may be held liable to the Buyer, the
quantum of Ours and the Seller's combined liability shall not exceed the amount
of the purchase price.
12.4
Nothing in these Terms of Business shall be construed as excluding
liability for (i) fraud; (ii) death or personal injury as a result of our
negligence; (iii) any other liability not permitted by law to be excluded.
12.5
No representations or warranties are made by either Us or the Seller as
to whether any Goods are subject to copyright nor as to whether the Buyer
acquires any copyright in any Goods sold.
12.6
Any implied conditions and/or warranties including those that would
normally be implied by statute are excluded to the extent permitted by law.
13
BUYER’S
RESPONSIBILITIES
13.1
The Buyer of any motor vehicle is responsible for complying with all
legal requirements as to the construction and use of that vehicle and for
obtaining all certificates, permits or other authorisations necessary for that
vehicle can be used on any road.
13.2
As regards any Contract for the sale of plant and/or machinery and/or
equipment, neither We nor the Seller warrants that such Goods comply, and indeed
such Goods may not comply, with the Health and Safety at Work Etc Act 1974 or
any other enactments or regulations governing the use of that plant and/or
machinery and/or equipment in a working environment. It is the Buyer’s
responsibility to ensure that such Goods are sufficiently repaired and/or
modified and/or used so as to be legally compliant.
13.3
Certain types of plant and/or machinery and/or equipment and/or main
service installation could contain blue and/or white asbestos and/or dangerous
chemicals etc which if not handled correctly during their removal could be in
breach of the Health and Safety at Work Etc Act 1974 or any other enactments or
regulations governing such substances in a working environment. It is the
Buyer’s responsibility to ensure that such Goods are removed and/or dealt with
in a manner that is legally compliant.
Clause 14 below
applies only to the extent that the Buyer deals as a consumer and does not
collect the Goods from Us or our agents.
14
RIGHT OF THE BUYER TO CANCEL THE CONTRACT UNDER THE DISTANCE SELLING
REGULATIONS
14.1
The Buyer may cancel the Contract under the Distance Selling Regulations
by notifying Us that he or she is cancelling the Contract within 7 working days
starting from the day after he or she obtains the Goods. The Buyer has the
right to cancel for any reason without penalty.
14.2
If the Buyer wishes to cancel the Contract under the Distance Selling
Regulations, he or she must write to Us at Our Registered Offices at WORTH
House, Unit 32, Stanley Road, Manchester, M45 8QX; fax Us on 0161 767 8005; or,
e-mail Us at ebay@jpssurveyors.co.uk clearly stating his or her full details,
the invoice number and cancellation instructions.
14.3
The Buyer may not cancel the Contract with Us under the Distance Selling
Regulations where any audio or video recordings or computer software have been
unsealed by the Buyer.
14.4
If the Buyer cancels the Contract under the Distance Selling Regulations,
the Buyer must:
14.4.1
return the Goods at their own expense to Our Registered Offices at WORTH
House, Unit 32, Stanley Road, Manchester, M45 8QX;
14.4.2
take reasonable care of the Goods until they are received by us at Our
Registered Office.
14.5
If the Buyer cancels the Contract under the Distance Selling Regulations
and fails to return the Goods as required, We may charge you Our direct costs of
recovering the Goods. We will refund to the Buyer the full amount paid for the
Goods less any costs of collection within 30 days of receipt of the notice of
cancellation.
15
RETURNING GOODS TO US
15.1
If any Goods are returned to Us for any reason then the sender must
ensure that the Goods are properly and securely packaged and labelled.
15.2
Any damage in transit owing to inadequate packaging or handling is the
sender's responsibility.
16
GENERAL
16.1
In the event that any provisions of these Terms of Business are held
unenforceable for any reason, the remaining terms shall remain in full force and
effect.
16.2
If there is any contradiction in anything stated in the Listing and these
Terms of Business, then these terms shall prevail.
16.3
These Terms of Business shall be governed by and construed in accordance
with English law. English law shall also govern all transactions to which these
Terms of Business apply and all connected matters.
16.4
Any dispute arising out of and/or any legal proceedings in connection
with these Terms of Business or any Contract shall be litigated in the courts of
England and Wales.
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