Terms of Use and Auction Policy

Welcome to CarryduffAuctions.com, the website of Carryduff Auctions Northern Ireland Ltd. The following are the rules or Terms that govern the use of the Carryduff Auctions Website. Carryduff Auctions reserves the right to change these Terms at any time, effective immediately upon posting on the Carryduff Auctions Website. Please check this page of the Carryduff Auctions Website periodically. If you violate these Terms, Carryduff Auctions may terminate your use of the Carryduff Auctions Website and/or take appropriate legal action against you.

1. Interpretation

In these Conditions;

"Carryduff Auctions" means Carryduff Auctions Northern Ireland Ltd.

"Carryduff Auctions Website" means CarryduffAuctions.com and CarryduffAuctions.co.uk the website of Carryduff Auctions.

"Terms" means the terms of use that govern the use of the Carryduff Auctions Website.

2. Rights Granted and Main Restrictions

(i) The access and use of the Carryduff Auctions Website featuring these Terms constitutes the user's acceptance of these Terms, which take effect from the date from which each user first uses the Carryduff Auctions Website.

(ii) All rights, including copyright, in the content of Carryduff Auctions web pages are owned or controlled for these purposes by Carryduff Auctions. Users may download and print copies of the material displayed on the Carryduff Auctions Website for personal use only; provided that each user retains all copyright notices and other proprietary notices contained on or in relation to the materials included in that Carryduff Auctions Website. Users may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or reuse the materials from a Carryduff Auctions Website for any other purpose, including in particular any purpose which publicly resells or reuses the materials. Users may not deep-link to the Carryduff Auctions Website for any purpose, unless specifically authorised to do so.

(iii) The trademarks, logos, names and images displayed on the Carryduff Auctions Website are the registered or unregistered trademarks of Carryduff Auctions and others. Nothing in the Carryduff Auctions Website should be taken as conferring by implication, estoppel or otherwise any licence or right to use any trade mark displayed on the Carryduff Auctions Website without the prior written approval of Carryduff Auctions or such third party as may own the relevant trade mark, logo, name or images.

3. Disclaimer
(i) The Carryduff Auctions Website and the content, names, text and images included on it are delivered on an 'AS IS' and 'AS AVAILABLE' basis and Carryduff Auctions does not promise that the Carryduff Auctions Website will be error free, uninterrupted, nor that it will provide specific results from use of the Carryduff Auctions Website or any content, search or link on it. While reasonable care has been taken in the preparation of the Carryduff Auctions Website to ensure that the information contained on it is accurate, no warranty express or implied, including any warranty or representation of satisfactory quality or fitness for a particular purpose, non-infringement of title, is given, nor is any warranty or representation given that the information and materials contained on the Carryduff Auctions Website are free from errors or inaccuracy.

(ii) To the fullest extent permitted by applicable laws, no liability is accepted for any direct loss or damage however resulting from the access to and use of the Carryduff Auctions Website and the information and materials contained on it.

(iii) Carryduff Auctions, its employees or agents, will not be liable for:

A. Any loss or damage resulting from breach by the Customer of any term of the contract; or

B. Any loss or damage however resulting from the access to and the use of the Carryduff Auctions website and the information and materials contained in it unless such loss or damage was a foreseeable consequence to both parties when the contract was formed but, for the avoidance of doubt, Carryduff Auctions will not be liable or responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by both Carryduff Auctions and the Customer (such as personal injury (so far as not caused by Carryduff Auctions negligence), loss of profits or loss of opportunity).

(iv) Links contained in the Carryduff Auctions Website may lead to websites not under the control of Carryduff Auctions and Carryduff Auctions is not responsible for the contents of any linked site or any link contained in a linked site. Links provided on the Carryduff Auctions Website are provided to users only as a convenience and the inclusion of any link does not imply endorsement by Carryduff Auctions of, and Carryduff Auctions accepts no liability whatsoever in respect of the content of, any such linked site. Users link to any linked sites at their own risk.

(v) These do not affect your statutory rights.

4. Linking

(i) Users shall not be entitled (nor shall they assist others) to set up links from their own websites to the Carryduff Auctions Website (whether by hypertext linking, deep-linking, framing, tagging or otherwise) without the prior written consent of Carryduff Auctions, which consent, Carryduff Auctions may at its absolute discretion, and without providing a reason, grant or withhold.

(ii) If you have a problem with a link from the Carryduff Auctions Website please notify honeill@CarryduffAuctions.co.uk and your query will be investigated after which Carryduff Auctions will take any actions deemed appropriate in Carryduff Auction's sole discretion.

5. Supply of Information

(i) Although Carryduff Auctions may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on its website, Carryduff Auctions is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, omission, infringement, defamation, obscenity, or inaccuracy contained in any information within such locations on the Carryduff Auctions Website. Users are prohibited from posting or transmitting any unlawful, defamatory, obscene or scandalous material or any material that constitutes or encourages conduct that would be considered a criminal offence, likely to give rise to criminal conviction and/or civil liability, or otherwise violates any law. Carryduff Auctions will fully cooperate with any law enforcement authorities or court order requesting or directing Carryduff Auctions to disclose the identity of anyone posting any such information or materials on its website.

(ii) Carryduff Auction's web server may automatically recognise the domain name and email address (where possible) of users of its websites. Carryduff Auctions may collect the domain name and email address of visitors to the Carryduff Auctions Website, the email address of those who post messages to its bulletin boards, the email addresses of those who communicate with Carryduff Auctions via email, email addresses of those who make postings to Carryduff Auctions chat areas, aggregate information on the pages users access or visit and information volunteered by the user, such as survey information and/or site registrations.

(iii) The information collected by Carryduff Auctions is used for internal review, used to improve the content of its website, used to customise the content and/or layout of the Carryduff Auctions Website for each individual user, used to notify users about updates to the Carryduff Auctions Websites, used by Carryduff Auctions to contact users for marketing purposes and is not shared with other organisations for commercial purposes.

(iv) Please refer to the Privacy Policy for further details on how Carryduff Auctions uses personal data transmitted by a user to the Carryduff Auctions Website.

6. Terms and Conditions at Auction
NOTE: All sales within Carryduff Auctions are at the auctioneer's discretion.

(i) Vehicle Auctions

A. Buying Procedure
It is the responsibility of the buyer to check a vehicles mileage and conditions. Vehicles under 6 years old are sold "on description", such as "all good" or "no major mechanical faults" whereby the seller and not Carryduff Auctions is responsible for describing the condition of the vehicle. Vehicles sold as "all good" or "no major mechanical faults" are not necessarily faultless. This merely implies no serious faults to the engines gearbox, and clutch.
Carryduff Auctions require a £200 deposit to be paid in cash or cheque (with guarantee card), or £200 cheque (plus guarantee card to that value). This is payable at the fall of the hammer. Access, MasterCard or Visa are accepted buy are subject to 2.0% Merchandising fee. Debit cards there is NO charge (e.g. Switch, Delta, Solo) If you have won the bid on a car and it has not reached the Reserve price, the car will be sold to the customer provisionally. This means that the auction will contact the vendor to see if he will accept the bid, or will negotiate a fair amicable price.

B. Sold As Seen
Vehicles 6 years and over or which have a reserve of under £500 MUST BE SOLD as seen and without reserve. Sale will go to the highest bid even if its only £20. Carryduff Auctions reserve the right to agree reserve prices on PARTICULAR vehicles even when they fall into the 6-year-old category. Carryduff Auctions reserve the right to no comeback and no comments can be made on the form, as to the condition or performance of the vehicle.

C. Sold with Trial
Carryduff Auctions will ONLY refund in full complaints registered within 1 hour. NO complaints whatsoever can be considered after this time.

D. Outstanding Hire Purchase.
Should any vehicle be found to be on hire purchase, Carryduff Auctions will settle and deal with the Hire Purchase company concerned.

E. Stolen Vehicle Or Insurance Write Off
If a vehicle has been stolen or it is a total loss, Carryduff Auctions will immediately informed the customer and the vehicle taken back if the customers so wishes.

(ii) Sales Policy
Outstanding balances must be paid to Carryduff Auctions by 2pm on the day following a sale. A personal cheque takes 5 working days to clear and the customer will not be able to remove the car until then. All vehicles purchased must be removed the day following the sale. Failure to pay by 2pm will incur a storage fee of £10 plus vat, per day or part thereof. Those buyers paying by cheque, which is awaiting clearance MUST leave keys at the office. There will be NO storage charge.

When customers receive their invoices, you will see there is a buyer's premium. ALL VEHICLES SOLD by Carryduff Auctions are checked the following day on our national computer which tells us if that particular vehicle is on hire purchase, has been a total loss, or if it is stolen.

(iii) Payment procedure
For those customers selling their vehicles payment by Carryduff Auctions is by cheque, sent out 1 week after day of sale, will full statement showing the sales price, less commission, entry fee, service charge, collection, valet or whichever is applicable, and also VAT at the current rate.

Disclaimer: Carryduff Auctions reserve the right to refuse to accept any vehicle for sale without a registration document or proof of ownership thereof.

(iv) Reproduction of Colour.
Online Colour reproduction of all auction items is as accurate as photographic and electronic processes will allow.

Carryduff Auctions customer services contact details are as follows:
Carryduff Auction Group
10 Comber Road
Carryduff
Belfast
BT8 8AM
Telephone: 028 90 813775
Fax: 028 90 814518

8. Revision of Terms and Conditions
(i) Carryduff Auctions may at any time revise these Terms without notice by posting changes on-line. Users are responsible for reviewing all information posted on-line and the continued use of the Carryduff Auctions Website after changes are posted constitute the user's acceptance of the modified Terms.

(ii) These Terms do not affect your statutory rights.

9. Offline Conduct
Although Carryduff Auctions cannot monitor the conduct of its users off the Carryduff Auctions Website, it should be noted by users that it is a violation of these Terms to use any information obtained from the Carryduff Auctions Website to harass, abuse or harm another person or, in order to contact, advertise to, solicit or sell to any other user without their prior explicit consent.

10. Access and Interference
(i) You agree that you will not use any automatic device or manual process to monitor or copy pages from the Carryduff Auctions Website or the content contained thereon or for any other unauthorised purpose without Carryduff Auctions prior express written consent.
(ii) You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Carryduff Auctions Website and that you will not take any action that imposes an unreasonably or disproportionately large load on the Carryduff Auctions infrastructure.
(iii) You further agree that you will not copy, reproduce, alter, modify, create derivative works or publicly display any content (except for your own personal use) from the Carryduff Auctions Website without the prior express written consent of Carryduff Auctions.

11. Indemnity
You agree to indemnify and hold Carryduff Auctions, its officers, agents and other connected persons and employees harmless from any loss, liability, claim or demand made by any third party due to or arising out of your use of the Carryduff Auctions Website, including also your use of the Carryduff Auctions Website to provide a link to another site or to upload content or other information to the Carryduff Auctions Website.

12. Governing Law
If any dispute arises which involves the Carryduff Auctions Website, by using the Carryduff Auctions Website, the user agrees that the dispute will be governed by the laws of Northern Ireland and submits to the exclusive jurisdiction of the courts of Northern Ireland.