43
Lot
43
For Cruso & Wilkin delivery information please telephone 01553 691691 .
CONDITIONS OF SALE
(To be read in conjunction with the âImportant Noticesâ in the catalogue (and/or displayed on the auction notices) and are the only terms and conditions subject to which Cruso & Wilkin, as agents for the Vendor, will sell the goods to a Purchaser (the Bidder) and all other conditions, whether expressed or implied at common law or by statute as are capable of lawful exclusion are hereby excluded).
BIDDING â The highest bidder to be the Purchaser â but subject to the Auctioneer reserving the right to refuse the bidding of any person without giving any reason. Should any dispute arise between two or more bidders, or between the Auctioneers and any approved bidder the Lot or Lots in dispute to be put up again or not at the discretion of the Auctioneers. The Vendor reserves the right to bid and to withdraw any lot previously to or at the time of the sale. No Purchaser shall be allowed to retract his or her bidding. The Auctioneers may divide, combine, add to or withdraw any Lot and shall determine the advance of each bid and may bid on behalf of the Vendor on Lots upon which there is a reserve price.
BIDDING ON BEHALF OF ANOTHER â Unless the Auctioneer has previously agreed in writing that anyone bids as Agent on behalf of a named principle, every person who bids shall be taken to bid on his own behalf as principle. If the Auctioneer has already agreed in writing that anyone bids as Agent on behalf of a named principle, that person warrants that he has the authority of his principle to make each bid he makes.
CONDITION OF LOTS â All Lots shall be sold as seen with all faults, imperfections and errors of description in the Lots described in the catalogue, or as these may be divided or conjoined at the sale, and without any warranty whatever, the Buyers being held to have satisfied themselves as to the condition, quality, quantity, age and description of Lots before bidding.
MISREPRESENTATION (antique and fine art sales only) â If, within 21 days after the sale, the Auctioneers receive from the Purchaser notice in writing that in his view the Lot is a deliberate forgery, and within 14 days after such notification the Purchaser returns the Lot to the Auctioneers in the same condition as prevailed at the time of the sale and satisfies the Auctioneers that (having regard to the entry in the catalogue) the same is a deliberate forgery, then the Auctioneers shall be entitled to rescind the sale and to refund to the Purchaser the purchase of that Lot. In deciding whether or not the Lot is a deliberate forgery the Auctioneers shall be entitled at their discretion and at the cost of the Vendor, to seek the view of any expert or other authority.
DESCRIPTIONS â -The Auctioneers have used their best endeavours to ensure the accuracy of the description of each Lot, but these whether made orally or in writing are expressions of opinion and not representation of fact, and the Bidder relies upon such descriptions at his own risk. No employee of the Auctioneers has any authority to make any representations of fact and the Auctioneers disclaim on behalf of the Vendor and themselves responsibility for authenticity, age, origin and condition and for the accuracy of measurement or weight of any Lot or Lots. The Auctioneer does not warrant the Vendorâs Title to any Lot and the latter will be sold with such title as the Vendor may have.
DAMAGE TO PROPERTY â All Purchasers are to be answerable for all damage they, their carriers or other Agents may do to any Lots, or to the premises or other property
of the Auctioneer and the Vendor, in delivering or removing (including dismantling) their respective Lots and to properly repair the same before their Lots are removed from
the premises or deposit with the Auctioneers such sum of money as the Auctioneers may determine to cover the cost of making good such damage.
REMOVAL AND CLEARANCE â No Lot or Lots shall be removed from the premises in or on which the sale is held until paid for in full. All Lots are the Purchasers risk from
the fall of the hammer. All Lots left after the specified time for clearance will be entirely at the purchasers risk and will be liable to any expenses that may arise from their not
having been cleared within the time limit stipulated by the Auctioneers. All Lots must be removed no later than (to be announced at the beginning of each auction). The Buyer
of any Lot which comprises a vehicle shall be 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 before that vehicle can be used on any road.
PAYMENT â The Auctioneer may require any person who bids to give his name and address and proof of identity before accepting any bid. Cheques over ÂŁ50 will only be
accepted by prior arrangement with the Auctioneers and under ÂŁ50 supported by a Card. All Lots must be paid for in full and the Auctioneers will not permit or recognise the
transfer of any Lot. All sales shall be cash transactions, and a legal title to goods is retained by the Vendor until they have been paid in full.
MONEY LAUNDERING REGULATIONS â Auctioneers may no longer receive cash payments in excess of ÂŁ8,000 for any single transaction for the total purchases.
VALUE ADDED TAX â VAT is chargeable at the current, standard rate, over and the above the purchased price on all taxable items, and the buyerâs premium; the only
exceptions being in the case of âzero ratedâ or âexempt â lots; such items will be identified by the Auctioneers at the time of sale.
EXPORT OF GOODS â Where items are being purchased for export from the United Kingdom, purchasers will be required to pay a VAT deposit equivalent to the standard
rate to UK VAT on all lots. Once the following points are fulfilled, a refund of the VAT deposit will be made to the purchaser. Failure will result in the Vat deposit being paid to
the Customs and Excise. The purchaser must provide the Auctioneers with their VAT/FISCAL NUMBER (to be verified with C&E). The goods must be removed from the UK
within three months of the auction date. The purchaser provides the auctioneers with the valid documentary evidence that the goods have been removed from the United
Kingdom.
VIEWING â Arrangements for viewing of the sale are included in the notices printed in the catalogue.
COMMISSIONS - The Auctioneers can accept commissions on behalf of prospective Purchasers, these to be forwarded in writing to the Auctioneers.
BUYERâS PREMIUM â 5% Buyers Premium plus VAT.
RESALE â Upon failure to comply with the above Conditions, any Lots un-cleared within the time aforesaid shall be resold, either by Public Sale or Private Contract without
any intimation to the defaulter, and the deficiency (if any) by such second sale, together with all charges pending the same, shall be made good by the defaulter at this
present sale and shall be recoverable as for liquidated damages and any surplus that shall arise there from shall belong to the Vendor. The Auctioneers or Vendor shall have
the rights to enforce any contract made at the sale and to sue for the full price of good and the foregoing as to resale shall be entirely without prejudice to such right.
SAFETY REGULATIONS â No warranty is given or implied that any item offered for sale complies with the Health & Safety at Work Act, 1974, or other Act or Acts or
Regulations there under governing the use of that plant, machinery or equipment in a working environment. Successful Bidders for any such plant, machinery or equipment
are hereby required to ensure that the use of any such plant and equipment at a place of work within the United Kingdom does not contravene such relevant Act or Regulation there under applicable thereto.
ELECTRICAL GOODS will be sold for scrap unless warranted in safe condition. NO GUARANTEE of working order will be given to intending purchasers. Neither Cruso &
Wilkin, Cruso & Wilkin Auction & Management, nor the Vendors will accept responsibility for any accident, injury or damage which may occur to any person whilst viewing, at
the time of the sale or during clearance of the Lots; any persons entering the premises do so at their own risk. The Auctioneers contract only as agents for the Vendor and
without personal liability.
LOTS MUST NOT BE REMOVED UNTIL PAYMENT HAS CLEARED
The Auctioneers shall be the sole Arbitrator in every matter of dispute regarding this sale.
COVID 19 GUIDELINES
If you are displaying any COVID-19 symptoms or have been in contact with anyone who has displayed any symptoms within the past 14 days prior to the sale, you must not enter the sale ground. There will be a series of strict measures in place on the viewing and sale day in accordance with HSE and government guidance to try and mitigate the risk of transmission of COVID-19. You must comply with these measures.
This is a business event not a social gathering. On admittance to the sale ground, you will be required to leave your contact details and addresses, without exception. Buyers will be required to use the hand sanitiser stations on entrance to the sale ground and when attending the Pay Office. It is also requested that buyers bring their own PPE, face masks and their own pens. Social distancing measures will be in place and buyers must adhere to them at all times. In the event that buyers fail to comply, they will be requested to leave the site. Cruso & Wilkin will continue to monitor the government guidance and regulations in place and will act accordingly in adherence to these. Should you have any queries about the protocols and the advice enclosed above, please contact the auctioneers.
Terms & Conditions
CONDITIONS OF SALE FOR MACHINERY SALES BY AUCTION
1. DEFINITIONS
In these conditions the following terms have the following meanings unless inconsistent with the context:
âAuctioneersâ means Cruso & Wilkin
âHostâ means iBidder.com â The host website for this timed online auction.
âCommissionâ means the commission charged on the sale of Lots
âConditionsâ means the standard terms and conditions of business set out in this document
âBuyers Premiumâ means the premium charged to Buyers on the purchase of Lots
âLotsâ means all or any machinery and other items sold or intended to be sold in accordance with these conditions
âPurchaserâ means a person, firm or Company who purchase any Lot
âVendorâ means a person, firm or Company who puts forward any Lot intended to be sold at the sale
âSaleâ means a sale of the Lots by auction from time to time organized by the auctioneers
âStorage Locationâ means the venue at which the specific lot is stored during the sale period and is available for viewing.
âSale priceâ means the price at which a Lot is sold to the winning buyer.
âSale Proceedsâ means the net amount due to the Vendor being the Sale price of the lot sold less commission and expenses and any other amounts due to the Auctioneer by the Vendor in whatever capacity and howsoever arising
âReserve Priceâ means the minimum price fixed by either the Auctioneers or Vendor at which any Lot is to be sold at the sale
âAuction Periodâ means the duration of the timed auction as advertised. Any time periods running from the end of the Auction Period commence at the closing time of the Auction Period.
Except where the context otherwise requires words denoting the singular include the plural and vice versa; words donating one gender includes all genders, words denoting persons include corporations.
2. CONDITIONS OF SALE
All persons registered to bid at the Sale in any capacity are deemed to bid on the understanding that they have read and understood these Conditions. These Conditions may be supplemented or superseded by Special Conditions.
3. HEALTH AND SAFETY
Cruso & Wilkin, Cruso & Wilkin Auction & Management, nor the Vendors will accept responsibility for any accident, injury or damage which may occur to any person whilst viewing, at the time of the sale or during clearance of the Lots; any persons entering the premises do so at their own risk. The Auctioneers contract only as agents for the Vendor and without personal liability.
(i) All persons viewing a lot are hereby made aware that there may be significant risks on the Storage Location including moving machinery and equipment; Caution should be exercised at all times and children and animals/pets must be fully supervised at all times.
(ii) All persons viewing a lot must take notice of all specific health and safety notices on display at individual sites. If in doubt, please consult the Auctioneer in charge.
(iii) Any accidents or incidents that occur on the Storage Location must be immediately reported to the Auctioneers. No machinery must be started without the prior approval of the Vendor or the Auctioneers.
(iv) Any vehicles brought onto the Site to collect lots should be operated with extreme caution and within a 5mph speed limit. Loading using machinery should only be undertaken by suitably qualified and experienced operators.
(v) The Auctioneers shall have the right at their discretion to refuse admission to their premises or those of their clients by any person.
4. AUCTIONEERâS STATUS
(i) The Auctioneers sell as agents for the Vendor except where they are stated wholly or partly to own any Lot as principal.
(ii) The parties to the contract of sale are the Vendor and the Purchaser and the Auctioneers as such are not responsible for any default by Vendor or Purchaser.
(iii) The Auctioneers includes any employee or agent of the Auctioneers who at the relevant time has the authority to conduct an auction sale.
5. EXCLUSION OF LIABILITY
(i) The Auctioneers shall not be liable for any expense, loss, claim or proceedings in respect of any loss or damage whatsoever to any property real or personal (including any Lots) whether incurred before, during or after the Sale.
(ii) The Auctioneers shall not be liable for any expense, loss, claim or proceedings in any respect or personal injury to or death of any person arising out of or in the course of or caused by the Sale, except to the extent that the same is due to the negligence of the Auctioneers, their servants or agents.
6. WARRANTY
No guarantee of working order will be given to intending Bidders. No warranty is offered or implied. Each lot is bought and sold as seen.
No warranty is given or implied that any item offered for sale complies with the Health & Safety at Work Act, 1974, or other Act or Acts or Regulations there under governing the use of that plant, machinery or equipment in a working environment. Successful Bidders for any such plant, machinery or equipment are hereby required to ensure that the use of any such plant and equipment at a place of work within the United Kingdom does not contravene such relevant Act or Regulation there under applicable thereto.
In case of dispute as to the interpretation of these Conditions the decision of the Auctioneers shall be final and binding on all parties. The Auctioneers shall be the sole Arbitrator in every matter of dispute regarding this sale.
7. RESERVATIONS
The Auctioneers sell as agent for the Vendor and as such are not responsible for any default by the Vendor or Purchaser.
8. CATALOGUES AND ADVERTISEMENTS
The Auctioneers have used their best endeavours to ensure the accuracy of the description of each Lot, but these whether made orally or in writing are expressions of opinion and not representation of fact, and the Bidder relies upon such descriptions at his own risk.
No employee of the Auctioneers has any authority to make any representations of fact and the Auctioneers disclaim on behalf of the Vendor and themselves responsibility for authenticity, age, origin and condition and for the accuracy of measurement or weight of any Lot or Lots. The Auctioneer does not warrant the Vendorâs Title to any Lot and the latter will be sold with such title as the Vendor may have.
9. RESERVE PRICE AND BIDDING
(i) The Purchaser shall be the person who makes the highest bid acceptable to the Auctioneers at the end of the Sale.
(iii) No bidding shall be retracted. The bidding increments are regulated by the Auctioneers.
(iv) All Lots must be inspected by the Purchaser. It is assumed that the Bidder has inspected (or is deemed to have inspected) the Lot for which he is bidding and agrees to take it with all faults and imperfections.
(vi) The Auctioneers may without giving any reason, refuse to accept the bidding of any person.
(vii) The Auctioneers and/or the Vendor reserve the right to fix a Reserve Price for any lot.
10. PAYMENT
(i) All Purchasers must register their names and addresses before they are permitted to bid in an online sale, The Auctioneers reserve the right to reject or terminate any registration at their discretion.
(ii) On conclusion of the Auction period, the Auctioneers will notify the successful Purchaser by email to confirm:
(a) That their Bid is the winning bidder
(b) The amount of the successful bid
(iii) Attached to the notification email will be an invoice for the amount of the winning bid plus any relevant commission and VAT.
(iv) All lots must be paid for within 5 working days of the conclusion of the Auction period.
(v) The Auctioneers may at their absolute discretion, agree to accept payment by such other means or such other manner as they see fit.
(vi) All payments must be made by either by Cheque, Bankers Draft, Postal Order, Debit Card, Credit Card (subject to an additional 2.5%), BACS or CHAPS. All Payments must be made in GBP.
11. RESERVATION OF TITLE
(i) The Auctioneers shall ensure that the title in the Lot remains vested in the vendor (or Auctioneers as Agents of the Vendor) until payment in full has been made. If the Vendor has been paid, but the goods not paid for the title remains with the Auctioneers, until full payment has been made.
12. RESPONSIBILITY FOR LOTS
After the close of the sale such risk and duty shall devolve upon the Purchaser.
13. WARRANTY AND INSPECTION OF GOODS
Potential purchasers who do not inspect lots prior to bidding, do so at their own risk.
14. EXPORT OF GOODS
Where items are being purchased for export from the United Kingdom, purchasers will be required to pay a VAT deposit equivalent to the standard rate to UK VAT on all lots. Once the following points are fulfilled, a refund of the VAT deposit will be made to the purchaser. Failure will result in the Vat deposit being paid to the Customs and Excise.
The purchaser must provide the Auctioneers with their VAT/FISCAL NUMBER (to be verified with C&E).
The goods must be removed from the UK within three months of the auction date. The purchaser provides the auctioneers with the valid documentary evidence that the goods have been removed from the United Kingdom.
15. APPLICABLE LAW
These Conditions shall be governed and constructed in accordance with English Law. All transactions to which these Conditions apply and all connected matters shall also be governed by English Law.
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For Cruso & Wilkin delivery information please telephone 01553 691691 .
CONDITIONS OF SALE
(To be read in conjunction with the âImportant Noticesâ in the catalogue (and/or displayed on the auction notices) and are the only terms and conditions subject to which Cruso & Wilkin, as agents for the Vendor, will sell the goods to a Purchaser (the Bidder) and all other conditions, whether expressed or implied at common law or by statute as are capable of lawful exclusion are hereby excluded).
BIDDING â The highest bidder to be the Purchaser â but subject to the Auctioneer reserving the right to refuse the bidding of any person without giving any reason. Should any dispute arise between two or more bidders, or between the Auctioneers and any approved bidder the Lot or Lots in dispute to be put up again or not at the discretion of the Auctioneers. The Vendor reserves the right to bid and to withdraw any lot previously to or at the time of the sale. No Purchaser shall be allowed to retract his or her bidding. The Auctioneers may divide, combine, add to or withdraw any Lot and shall determine the advance of each bid and may bid on behalf of the Vendor on Lots upon which there is a reserve price.
BIDDING ON BEHALF OF ANOTHER â Unless the Auctioneer has previously agreed in writing that anyone bids as Agent on behalf of a named principle, every person who bids shall be taken to bid on his own behalf as principle. If the Auctioneer has already agreed in writing that anyone bids as Agent on behalf of a named principle, that person warrants that he has the authority of his principle to make each bid he makes.
CONDITION OF LOTS â All Lots shall be sold as seen with all faults, imperfections and errors of description in the Lots described in the catalogue, or as these may be divided or conjoined at the sale, and without any warranty whatever, the Buyers being held to have satisfied themselves as to the condition, quality, quantity, age and description of Lots before bidding.
MISREPRESENTATION (antique and fine art sales only) â If, within 21 days after the sale, the Auctioneers receive from the Purchaser notice in writing that in his view the Lot is a deliberate forgery, and within 14 days after such notification the Purchaser returns the Lot to the Auctioneers in the same condition as prevailed at the time of the sale and satisfies the Auctioneers that (having regard to the entry in the catalogue) the same is a deliberate forgery, then the Auctioneers shall be entitled to rescind the sale and to refund to the Purchaser the purchase of that Lot. In deciding whether or not the Lot is a deliberate forgery the Auctioneers shall be entitled at their discretion and at the cost of the Vendor, to seek the view of any expert or other authority.
DESCRIPTIONS â -The Auctioneers have used their best endeavours to ensure the accuracy of the description of each Lot, but these whether made orally or in writing are expressions of opinion and not representation of fact, and the Bidder relies upon such descriptions at his own risk. No employee of the Auctioneers has any authority to make any representations of fact and the Auctioneers disclaim on behalf of the Vendor and themselves responsibility for authenticity, age, origin and condition and for the accuracy of measurement or weight of any Lot or Lots. The Auctioneer does not warrant the Vendorâs Title to any Lot and the latter will be sold with such title as the Vendor may have.
DAMAGE TO PROPERTY â All Purchasers are to be answerable for all damage they, their carriers or other Agents may do to any Lots, or to the premises or other property
of the Auctioneer and the Vendor, in delivering or removing (including dismantling) their respective Lots and to properly repair the same before their Lots are removed from
the premises or deposit with the Auctioneers such sum of money as the Auctioneers may determine to cover the cost of making good such damage.
REMOVAL AND CLEARANCE â No Lot or Lots shall be removed from the premises in or on which the sale is held until paid for in full. All Lots are the Purchasers risk from
the fall of the hammer. All Lots left after the specified time for clearance will be entirely at the purchasers risk and will be liable to any expenses that may arise from their not
having been cleared within the time limit stipulated by the Auctioneers. All Lots must be removed no later than (to be announced at the beginning of each auction). The Buyer
of any Lot which comprises a vehicle shall be 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 before that vehicle can be used on any road.
PAYMENT â The Auctioneer may require any person who bids to give his name and address and proof of identity before accepting any bid. Cheques over ÂŁ50 will only be
accepted by prior arrangement with the Auctioneers and under ÂŁ50 supported by a Card. All Lots must be paid for in full and the Auctioneers will not permit or recognise the
transfer of any Lot. All sales shall be cash transactions, and a legal title to goods is retained by the Vendor until they have been paid in full.
MONEY LAUNDERING REGULATIONS â Auctioneers may no longer receive cash payments in excess of ÂŁ8,000 for any single transaction for the total purchases.
VALUE ADDED TAX â VAT is chargeable at the current, standard rate, over and the above the purchased price on all taxable items, and the buyerâs premium; the only
exceptions being in the case of âzero ratedâ or âexempt â lots; such items will be identified by the Auctioneers at the time of sale.
EXPORT OF GOODS â Where items are being purchased for export from the United Kingdom, purchasers will be required to pay a VAT deposit equivalent to the standard
rate to UK VAT on all lots. Once the following points are fulfilled, a refund of the VAT deposit will be made to the purchaser. Failure will result in the Vat deposit being paid to
the Customs and Excise. The purchaser must provide the Auctioneers with their VAT/FISCAL NUMBER (to be verified with C&E). The goods must be removed from the UK
within three months of the auction date. The purchaser provides the auctioneers with the valid documentary evidence that the goods have been removed from the United
Kingdom.
VIEWING â Arrangements for viewing of the sale are included in the notices printed in the catalogue.
COMMISSIONS - The Auctioneers can accept commissions on behalf of prospective Purchasers, these to be forwarded in writing to the Auctioneers.
BUYERâS PREMIUM â 5% Buyers Premium plus VAT.
RESALE â Upon failure to comply with the above Conditions, any Lots un-cleared within the time aforesaid shall be resold, either by Public Sale or Private Contract without
any intimation to the defaulter, and the deficiency (if any) by such second sale, together with all charges pending the same, shall be made good by the defaulter at this
present sale and shall be recoverable as for liquidated damages and any surplus that shall arise there from shall belong to the Vendor. The Auctioneers or Vendor shall have
the rights to enforce any contract made at the sale and to sue for the full price of good and the foregoing as to resale shall be entirely without prejudice to such right.
SAFETY REGULATIONS â No warranty is given or implied that any item offered for sale complies with the Health & Safety at Work Act, 1974, or other Act or Acts or
Regulations there under governing the use of that plant, machinery or equipment in a working environment. Successful Bidders for any such plant, machinery or equipment
are hereby required to ensure that the use of any such plant and equipment at a place of work within the United Kingdom does not contravene such relevant Act or Regulation there under applicable thereto.
ELECTRICAL GOODS will be sold for scrap unless warranted in safe condition. NO GUARANTEE of working order will be given to intending purchasers. Neither Cruso &
Wilkin, Cruso & Wilkin Auction & Management, nor the Vendors will accept responsibility for any accident, injury or damage which may occur to any person whilst viewing, at
the time of the sale or during clearance of the Lots; any persons entering the premises do so at their own risk. The Auctioneers contract only as agents for the Vendor and
without personal liability.
LOTS MUST NOT BE REMOVED UNTIL PAYMENT HAS CLEARED
The Auctioneers shall be the sole Arbitrator in every matter of dispute regarding this sale.
COVID 19 GUIDELINES
If you are displaying any COVID-19 symptoms or have been in contact with anyone who has displayed any symptoms within the past 14 days prior to the sale, you must not enter the sale ground. There will be a series of strict measures in place on the viewing and sale day in accordance with HSE and government guidance to try and mitigate the risk of transmission of COVID-19. You must comply with these measures.
This is a business event not a social gathering. On admittance to the sale ground, you will be required to leave your contact details and addresses, without exception. Buyers will be required to use the hand sanitiser stations on entrance to the sale ground and when attending the Pay Office. It is also requested that buyers bring their own PPE, face masks and their own pens. Social distancing measures will be in place and buyers must adhere to them at all times. In the event that buyers fail to comply, they will be requested to leave the site. Cruso & Wilkin will continue to monitor the government guidance and regulations in place and will act accordingly in adherence to these. Should you have any queries about the protocols and the advice enclosed above, please contact the auctioneers.
Terms & Conditions
CONDITIONS OF SALE FOR MACHINERY SALES BY AUCTION
1. DEFINITIONS
In these conditions the following terms have the following meanings unless inconsistent with the context:
âAuctioneersâ means Cruso & Wilkin
âHostâ means iBidder.com â The host website for this timed online auction.
âCommissionâ means the commission charged on the sale of Lots
âConditionsâ means the standard terms and conditions of business set out in this document
âBuyers Premiumâ means the premium charged to Buyers on the purchase of Lots
âLotsâ means all or any machinery and other items sold or intended to be sold in accordance with these conditions
âPurchaserâ means a person, firm or Company who purchase any Lot
âVendorâ means a person, firm or Company who puts forward any Lot intended to be sold at the sale
âSaleâ means a sale of the Lots by auction from time to time organized by the auctioneers
âStorage Locationâ means the venue at which the specific lot is stored during the sale period and is available for viewing.
âSale priceâ means the price at which a Lot is sold to the winning buyer.
âSale Proceedsâ means the net amount due to the Vendor being the Sale price of the lot sold less commission and expenses and any other amounts due to the Auctioneer by the Vendor in whatever capacity and howsoever arising
âReserve Priceâ means the minimum price fixed by either the Auctioneers or Vendor at which any Lot is to be sold at the sale
âAuction Periodâ means the duration of the timed auction as advertised. Any time periods running from the end of the Auction Period commence at the closing time of the Auction Period.
Except where the context otherwise requires words denoting the singular include the plural and vice versa; words donating one gender includes all genders, words denoting persons include corporations.
2. CONDITIONS OF SALE
All persons registered to bid at the Sale in any capacity are deemed to bid on the understanding that they have read and understood these Conditions. These Conditions may be supplemented or superseded by Special Conditions.
3. HEALTH AND SAFETY
Cruso & Wilkin, Cruso & Wilkin Auction & Management, nor the Vendors will accept responsibility for any accident, injury or damage which may occur to any person whilst viewing, at the time of the sale or during clearance of the Lots; any persons entering the premises do so at their own risk. The Auctioneers contract only as agents for the Vendor and without personal liability.
(i) All persons viewing a lot are hereby made aware that there may be significant risks on the Storage Location including moving machinery and equipment; Caution should be exercised at all times and children and animals/pets must be fully supervised at all times.
(ii) All persons viewing a lot must take notice of all specific health and safety notices on display at individual sites. If in doubt, please consult the Auctioneer in charge.
(iii) Any accidents or incidents that occur on the Storage Location must be immediately reported to the Auctioneers. No machinery must be started without the prior approval of the Vendor or the Auctioneers.
(iv) Any vehicles brought onto the Site to collect lots should be operated with extreme caution and within a 5mph speed limit. Loading using machinery should only be undertaken by suitably qualified and experienced operators.
(v) The Auctioneers shall have the right at their discretion to refuse admission to their premises or those of their clients by any person.
4. AUCTIONEERâS STATUS
(i) The Auctioneers sell as agents for the Vendor except where they are stated wholly or partly to own any Lot as principal.
(ii) The parties to the contract of sale are the Vendor and the Purchaser and the Auctioneers as such are not responsible for any default by Vendor or Purchaser.
(iii) The Auctioneers includes any employee or agent of the Auctioneers who at the relevant time has the authority to conduct an auction sale.
5. EXCLUSION OF LIABILITY
(i) The Auctioneers shall not be liable for any expense, loss, claim or proceedings in respect of any loss or damage whatsoever to any property real or personal (including any Lots) whether incurred before, during or after the Sale.
(ii) The Auctioneers shall not be liable for any expense, loss, claim or proceedings in any respect or personal injury to or death of any person arising out of or in the course of or caused by the Sale, except to the extent that the same is due to the negligence of the Auctioneers, their servants or agents.
6. WARRANTY
No guarantee of working order will be given to intending Bidders. No warranty is offered or implied. Each lot is bought and sold as seen.
No warranty is given or implied that any item offered for sale complies with the Health & Safety at Work Act, 1974, or other Act or Acts or Regulations there under governing the use of that plant, machinery or equipment in a working environment. Successful Bidders for any such plant, machinery or equipment are hereby required to ensure that the use of any such plant and equipment at a place of work within the United Kingdom does not contravene such relevant Act or Regulation there under applicable thereto.
In case of dispute as to the interpretation of these Conditions the decision of the Auctioneers shall be final and binding on all parties. The Auctioneers shall be the sole Arbitrator in every matter of dispute regarding this sale.
7. RESERVATIONS
The Auctioneers sell as agent for the Vendor and as such are not responsible for any default by the Vendor or Purchaser.
8. CATALOGUES AND ADVERTISEMENTS
The Auctioneers have used their best endeavours to ensure the accuracy of the description of each Lot, but these whether made orally or in writing are expressions of opinion and not representation of fact, and the Bidder relies upon such descriptions at his own risk.
No employee of the Auctioneers has any authority to make any representations of fact and the Auctioneers disclaim on behalf of the Vendor and themselves responsibility for authenticity, age, origin and condition and for the accuracy of measurement or weight of any Lot or Lots. The Auctioneer does not warrant the Vendorâs Title to any Lot and the latter will be sold with such title as the Vendor may have.
9. RESERVE PRICE AND BIDDING
(i) The Purchaser shall be the person who makes the highest bid acceptable to the Auctioneers at the end of the Sale.
(iii) No bidding shall be retracted. The bidding increments are regulated by the Auctioneers.
(iv) All Lots must be inspected by the Purchaser. It is assumed that the Bidder has inspected (or is deemed to have inspected) the Lot for which he is bidding and agrees to take it with all faults and imperfections.
(vi) The Auctioneers may without giving any reason, refuse to accept the bidding of any person.
(vii) The Auctioneers and/or the Vendor reserve the right to fix a Reserve Price for any lot.
10. PAYMENT
(i) All Purchasers must register their names and addresses before they are permitted to bid in an online sale, The Auctioneers reserve the right to reject or terminate any registration at their discretion.
(ii) On conclusion of the Auction period, the Auctioneers will notify the successful Purchaser by email to confirm:
(a) That their Bid is the winning bidder
(b) The amount of the successful bid
(iii) Attached to the notification email will be an invoice for the amount of the winning bid plus any relevant commission and VAT.
(iv) All lots must be paid for within 5 working days of the conclusion of the Auction period.
(v) The Auctioneers may at their absolute discretion, agree to accept payment by such other means or such other manner as they see fit.
(vi) All payments must be made by either by Cheque, Bankers Draft, Postal Order, Debit Card, Credit Card (subject to an additional 2.5%), BACS or CHAPS. All Payments must be made in GBP.
11. RESERVATION OF TITLE
(i) The Auctioneers shall ensure that the title in the Lot remains vested in the vendor (or Auctioneers as Agents of the Vendor) until payment in full has been made. If the Vendor has been paid, but the goods not paid for the title remains with the Auctioneers, until full payment has been made.
12. RESPONSIBILITY FOR LOTS
After the close of the sale such risk and duty shall devolve upon the Purchaser.
13. WARRANTY AND INSPECTION OF GOODS
Potential purchasers who do not inspect lots prior to bidding, do so at their own risk.
14. EXPORT OF GOODS
Where items are being purchased for export from the United Kingdom, purchasers will be required to pay a VAT deposit equivalent to the standard rate to UK VAT on all lots. Once the following points are fulfilled, a refund of the VAT deposit will be made to the purchaser. Failure will result in the Vat deposit being paid to the Customs and Excise.
The purchaser must provide the Auctioneers with their VAT/FISCAL NUMBER (to be verified with C&E).
The goods must be removed from the UK within three months of the auction date. The purchaser provides the auctioneers with the valid documentary evidence that the goods have been removed from the United Kingdom.
15. APPLICABLE LAW
These Conditions shall be governed and constructed in accordance with English Law. All transactions to which these Conditions apply and all connected matters shall also be governed by English Law.