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Conditions of Sale

Specific Conditions to this Sale

Internet Surcharge – in respect of any purchases made through i-Bidder or Bid Spotter a surcharge of 5% plus VAT on the hammer price will be payable by the purchaser prior to collection of lots.

Payment – All goods purchased must be payed for on the day of sale in cash or by BACs. By prior arrangement only and at the auctioneers’ discretion cheques may be accepted.

Movement & Collection of Lots – All lots must be paid for and collected between Saturday 12th October by 5pm or Sunday 13th October 9am-2pm. Loading facilities will not be available other than by arrangement. No goods will be allowed to be removed from the site of the sale without a RECEIPT OF PAYMENT. Access is limited for articulated vehicles, please contact the auctioneers before travelling.

Loading – Forklift facilities will be ONLY available by prior arrangement.

As published by the Livestock Auctioneers’ Association (October 2018)

CONDITIONS OF SALE

SCHEDULE 1

GLOSSARY AND PROVISIONS

1              Definitions

1.1          In these Conditions unless the context otherwise requires the words and

expressions set out on the left hand side of the page shall have the meanings set

out opposite them:

“Auctioneer” - the person conducting the Sale and the person by whom that

person is employed or on whose behalf that person is conducting the Sale;

“Bidder” - the purchaser or person duly authorised to bid for any Lot(s) as agent

for and on behalf of the Purchaser;

“Buyer’s Premium” – the surcharge made by the Auctioneer, and payable by the

Purchaser, on all purchases of chattelsin the Sale in addition to the Hammer Price

(to which is to be added VAT at the rate current at the date of the Sale);

“Commission” – the charges of the Auctioneer payable on the sale of Lots in

accordance with Condition 10;

“Conditions” – the standard businessterms and conditions ofsale set out in these

Conditions of Sale together with any special conditions notified by the Auctioneer

for a particular Sale either on his website, in the catalogue for the Sale, on the

Entry Form or announced before the commencement of the sale of any Lot;

“Enactment” - any statute or statutory provision (whether of the United Kingdom

or elsewhere), subordinate legislation (as defined by section 21(1) of the

Interpretation Act 1978) and any other subordinate legislation made under any

such statute or statutory provision;

“End of the Day’s Sale” - the time when the hammer falls on the last Lot in the

Sale or the last Lot in that section of the Sale (as the case may be);

“Entry Form” – the form supplied by the Auctioneer to be completed and signed

by the Vendor including details of the Lots to be offered for sale at the Sale;

“Hammer Price” – the price at which the Lot is knocked down to the highest

Bidder as confirmed by the Auctioneer (excluding any VAT, Commission, Buyer’s

Premium or other charges);

“Liquidated Damages” – the ascertained and agreed damages to cover all

expenses, depreciation in value and other damages whatsoever;

“Lot” – all new or used machinery, motor vehicles, chattels or other sundry

items and/or equipment which is included in a sale organized by the Auctioneer

and offered for sale (whether sold as a single item or as a group of items and

numbered accordingly in the catalogue for the Sale) under these Conditions;

“Purchaser” - in relation to any Lot, the person whose bid for that Lot has been

accepted by the Auctioneer or, if Condition 7 applies, a purchaser from that

person and in either case including the personal representative(s) of such person;

“Reserve Price” – the minimum price notified by the Vendor to the Auctioneer

or determined by the Auctioneer prior to the Sale and below which no offer to

purchase will be accepted;

“Sale” – a sale by public auction containing one or more Lots of new or used

machinery, motor vehicles, chattels or other sundry items and/or equipment

organized by the Auctioneer;

“Sale Premises” – the entirety of the building(s) and/or land (as the case may be)

used by the Auctioneer to conduct the Sale;

“Take Delivery” – accept a transfer of possession;

“VAT” – the value added tax calculated at the rate payable on the date of the Sale

“Vendor” – the owner and any other person (being a partnership), firm or

company other than the Auctioneer who offers a Lot for sale, including the

personal representatives of any such person;

“Warranty of Title” - the terms implied by section 12 of the Sale of Goods Act 1979

as to the Vendor’s right to sell, quiet possession and freedom from encumbrances;

“Working Day” – Monday to Saturday inclusive in any week subject to the

provisions of Condition 2.1 of these Conditions.

1.2          Interpretation

In these Conditions:

1.2.1 words signifying the masculine include the feminine and vice versa.

1.2.2 words signifying the singular include the plural and vice versa.

1.2.3 references to a person include a corporation.

1.2.4      references to any Enactment include a reference to:

1.2.4.1   any Enactment which that Enactment has directly or indirectly

replaced (whether with or without modification); and,

1.2.4.2   that Enactment as re-enacted, replaced or modified from time to

time, whether before, on or after the date of these Conditions.

1.2.5       references to a Condition, Schedule or Appendix are to a Condition or part of a

Condition, Schedule or the Appendix to these Conditions.

1.2.6      the contents table and the descriptive headings to Conditions, Schedules and the

Appendix are for convenience only and shall be ignored when interpreting these

Conditions; and,

1.2.7      the words and phrases “other”, “include”, “including” and “in particular” shall not

limit the generality of any preceding words or be construed as being limited to the

same class as the preceding words where a wider construction is possible.

 

The Conditions which follow apply to all sales of new or used machinery, motor vehicles,

chattels and other sundry items and/or equipment (but for the avoidance of any doubt

EXCLUDING ALL SALES OF LIVESTOCK):

2 Time limits

2.1          Time shall be of the essence of all Conditions which contain time limits. Where

the time limited for a person to do anything expires on a Sunday, bank or other

public holiday, or on the day next following any such day, then such Sunday or

bank or other public holiday shall be excluded from the computation of the time.

2.2          In the computation of any period of time before or after the Sale or any other

event, the day of the Sale or other event, as the case may be, shall be excluded.

2.3          Any period of time expressed as a number of days shall be taken to refer to that

number of clear days, and similarly for any other period of time.

 

3 Statements of fact

Unless otherwise announced all statements of fact made in any sale catalogue

or at the time of the Sale regarding the age, condition or provenance of any

new or used machinery, motor vehicles, chattels or other sundry items and/or

equipment are statements of fact made by the Vendor and not the Auctioneer

and the Auctioneer accepts no responsibility for any mis-statements nor for any

problems experienced by the Purchaser nor claims by him against the Vendor

arising as a result of any such mis-statements.

 

4              Service of Notices

4.1          Notwithstanding anything to the contrary in these Conditions, and save as provided

by Condition 4.2, any written notice under any of these Conditions may be served on

the person to whom it is to be given either personally, or by leaving it for him at his last

known address, or by sending it through the post in a prepaid recorded delivery letter

addressed to him there, and any such letter shall be deemed to have been received by

him at the time at which it would be delivered in the ordinary course of post.

4.2          Any written notice required by any of these Conditions to be given by a Purchaser to

a Vendor may be given by such Purchaser to the Auctioneer on the Vendor’s behalf,

either by leaving it at the office of the Auctioneer, or by sending it through the post

in a prepaid recorded delivery letter addressed to the Auctioneer there and any such

letter shall be deemed to have been received by the Vendor at the time at which it

would be delivered to the Auctioneer in the ordinary course of post.

4.3          On receiving any notice under Condition 4.2 the Auctioneer shall, as soon as

reasonably practicable, communicate its contents to the Vendor.

4.4          Except as above, all communications and negotiations with reference to any

dispute between any Purchaser and Vendor under these Conditions shall take

place directly between the Purchaser and the Vendor respectively without

involving the Auctioneer.

 

5              Liability of the Auctioneer

5.1          The Auctioneer acts in all respects only as agent for the Vendor and no Warranty

is given by the Auctioneer or his employees or contractors, and none shall be

implied, as to title, description or quality of any Lot. Neither the Auctioneer nor

his employees or contractors shall be liable to the Purchaser in respect of any

defect of title, error of description or imperfection or for any announcement

or statement concerning any Lot offered for sale whether made orally or in

writing (whether in a sale catalogue, order of sale, advertisement for the S advertisement for the Sale or

otherwise) and whether given before, during or after the Sale, nor shall he incur

any liability in relation to any dispute between a Vendor and Purchaser.

5.2          The Auctioneer shall not be liable:

5.2.1      in any way for any accident which happens to any person while on the Sale

Premises, unless it arises out of the Auctioneer’s or his employees’ or contractors’

negligence; nor shall he be liable for any expenses, loss, claim or proceedings

in respect of any property real or personal (including all Lots) whether incurred

before or after the Sale;

5.2.2      for any persons entering the Sale Premises who do not observe all specific health

and safety notices which are displayed; or,

5.2.3      in any way in the event of any interruption, suspension, or cancellation or

disturbance to the telephone or on-line auction service nor any loss arising if any

of these events occurs.

5.3           The Auctioneer reserves the right to refuse admission to the Sale Premises to any

person or to refuse the admission of any Lot into the Sale, without having to state

the reason.

 

6 Entry of Lots for the Sale

6.1          The Vendorshall ensure that all Lots, which must be notified to the Auctioneer on

the Entry Form for the Sale, shall be delivered to the Sale Premises in accordance

with the terms of entry specified in the Entry Form unless otherwise agreed with

or instructed by the Auctioneer prior to or on the day of the Sale.

6.2          Entries of Lots for sale will not be accepted on the day of the Sale unless the

Auctioneer agrees otherwise.

6.3          All Vendors shall properly complete a VAT declaration confirming their status

(and VAT registration number where applicable) and deliver it to the Auctioneer

prior to the Sale. Vendors, who for the purposes of VAT legislation are registered

Vendors operating within the General Margin Scheme, must enter their Lots on

the Entry Form and clearly state that they are eligible to sell their Lots under the

Auctioneer’s scheme and require them to be so treated.

6.4          The Auctioneer reserves the right to charge an entry fee in respect of the entry of

any Lot in the Sale.

 

7 Conduct of Sales

7.1          Every Vendor, Bidder and Purchaser shall be deemed to have full knowledge

of these Conditions and by taking part in the Sale agrees to be bound by them.

These Conditions shall apply to all sales conducted by the Auctioneer on the Sale

Premises except where they conflict with any special conditions expressly stated

by the Auctioneer in the catalogue or at the time of the Sale as applying to the

sale of that Lot, which shall then prevail.

7.2          If a Lot entered for a sale is specifically advertised by the Auctioneer and the

person entering that Lot fails to take it for sale on the relevant day, the Auctioneer

may charge him a fair and reasonable proportion of the expenses incurred.

7.3          The Auctioneer does not guarantee that every Lot which is entered for sale in any

catalogue or advertisement will be forward at the Sale.

7.4          If a person who has brought a Lot on to the Sale Premises for sale sells that Lot

privately on the day of Sale and on the Sale Premises, either before it is offered for

sale at auction or, if it fails to sell at auction, afterwards, these Conditions shall, so

far as applicable, govern that private sale.

7.4.1      In the case of a private sale:

7.4.1.1  the Vendor and Purchaser shall immediately notify the sale to

the Auctioneer and the purchase price shall be payable to the

Auctioneer in full as if the sale had taken place at the auction; and,

7.4.1.2   the Auctioneer may charge the Commission which would have been

payable if the Lot had been sold at auction for the price obtained on

the private sale, and if he exercises that right the Auctioneer may

deduct the Commission from the purchase price before accounting

for it to the Vendor.

7.5          If the Vendor fails to comply with the provisions of 7.4.1.1 he shall be liable to pay

the Commission.

7.6          In the event of any dispute arising with regard to the sale of any Lot or if the

Purchaser shall refuse to pay or shall only make partial payment of the purchase

price, the Auctioneer may at his sole discretion annul and cancel the sale of that

Lot.

 

8 Reserve prices, order of sale and bidding

8.1          The Auctioneer reserves on behalf of himself, his firm, and the Vendor the

following rights:

8.1.1      to fix a Reserve Price;

8.1.2      to bid on behalf of the Vendor up to the value of the Reserve Price;

8.1.3      to rearrange, consolidate or withdraw any Lots or to vary the order of the Sale;

and,

8.1.4      without giving any reason, to refuse to accept the bids of any person.

8.2          A Vendor who wishes to fix a Reserve Price on any Lot owned by him shall notify

the Auctioneer in writing, at least one hour before the sale of that Lot, failing

which the Auctioneer may sell the Lot to the highest Bidder.

8.3          The Auctioneer may refuse to accept bids from a Vendor for a Lot owned by him

and a Vendor shall not bid for a Lot owned by him using any agent other than the

Auctioneer.

8.4          No person may advance on the previous bid less than the sum named from time

to time by the Auctioneer.

8.5          No bid may be retracted once made.

8.6          The person making the highest bid accepted by the Auctioneer shall be the

Purchaser.

8.7          If a dispute arises as to any bidding, then, at the discretion of the Auctioneer,

either:

8.7.1      the relevant Lot shall immediately be offered for sale again; or,

8.7.2      the Auctioneer shall determine the dispute, and his decision shall be final and

binding on all parties.

8.8          For the avoidance of any doubt, the above Conditions apply whether bidding is by

telephone, or on line, in the same way as if the Bidder is present at the Sale.

8.9          Where a Purchaser wishes to bid by telephone or on line the following

additional conditions shall apply:

8.9.1      if the Purchaser is not already known to the Auctioneer he shall provide such

personal information as the Auctioneer may require for identification, security

and financial purposes (i.e. bank card details) as well as two telephone numbers;

and,

8.9.2      the bank card details provided will be used by the Auctioneer to pay the

purchase price and other charges on or before the End of the Day’s Sale.

 

9 Buyers Premium

                 After notifying Bidders by written notice displayed at the place of the Sale and by

clear announcement at the start of the day’s Sale the Auctioneer may charge a

Purchaser a Buyers Premium (plus Value Added Tax) in addition to the Hammer

Price.

 

10 Terms of business

10.1        The Auctioneer shall ensure that his trading terms are clearly communicated to

all Vendors and Purchasers by being displayed at the Sale Premises and that they

include:

10.1.1    an obligation on the Auctioneer to pay to the Vendor within an agreed time, the

net proceeds of sale (ie the price paid by the Purchaser less the Commission and

any other deductions) for each Lot; and,

10.1.2    full details of the rates of Commission charged by the Auctioneer.

10.2        If the Auctioneer charges a Buyer’s Premium this will be clearly communicated to

all prospective Purchasers before the Sale begins.

10.3        Allsale monies paid to the Auctioneershall be the property of the Auctioneer and

are not held in trust for the Vendor except where a variation to this procedure has

been notified to the Vendor in writing prior to the Sale. In such cases monies held

by the Auctioneer shall be held in a separate and identifiable Clients’ Account

until payment is made to the Vendor.

10.4        The Auctioneer shall have the right to withhold payment to the Vendor of the

proceeds of sale of a Lot if he has reasonable grounds for believing that the sale

is not ‘bona fide’.

10.5        The Auctioneer shall be entitled before making payment of the proceeds of a sale

to a Vendor to deduct from those monies any debt unsettled and due from the

Vendor to the Auctioneer.

10.6        Following the sale of any tractors and otherself propelled vehicles and machinery

the Auctioneer shall not pay to the Vendor the proceeds of sale for any such

Lot until the Vendor has delivered to the Auctioneer the registration book or

certificate of non registration of that Lot.

10.7        The Auctioneer shall not account for VAT to a VAT registered Vendor until a

properly completed VAT declaration confirming the status and VAT registration

number of the Vendor has been delivered to the Auctioneer.

 

11           Value Added Tax (VAT)

11.1        VAT at the statutorily prescribed rate will be charged in addition to the Hammer

Price on all Lots, save that the Auctioneer may elect to operate the statutory

Auctioneer’s Margin Scheme in respect of Lots offered on behalf of VAT non

registered Vendors.

11.2        Purchasers from European Union member states shall supply the Auctioneer

with their VAT/FISCAL number at the time of purchase to enable the Auctioneer

to invoice purchased Lots correctly. In the event of non compliance with this

Condition the Auctioneer will charge VAT at the prescribed UK standard rate

applicable at the date of the Sale in addition to the Hammer Price of all relevant

Lots.

11.3        Overseas Purchasers from non European Union countries will be required to pay

a “VAT Deposit” equal to the United Kingdom standard rate of VAT applicable

at the date of the Sale in addition to the Hammer Price. Provided that within

three months of the date of the Sale, such overseas Purchaser delivers to the

Auctioneer an appropriate Bill of Lading or Certificate of Shipment as proof of

export, the “VAT Deposit” will be refunded to the Purchaser, failing which the

“VAT Deposit” will be remitted to the Vendor.

 

12           Liability of Vendors and Purchasers for documentation

12.1        Where under any Enactment a Lot must be accompanied by any documentation:

12.1.1    the Vendor shall be responsible for delivering to the Auctioneer all relevant

documents and shall indemnify the Auctioneer against any claim by the Purchaser

resulting from false or incorrectly completed documents and in the event of

the Vendor’s non delivery to the Auctioneer of any such documentation the

Auctioneer shall refuse to accept such Lot for sale; and,

12.1.2    the Purchaser shall be responsible for obtaining from the Auctioneer or from the

Vendor, as the case may be, all documentation to which he is entitled and shall

indemnify the Auctioneer against any claim from any person resulting from the

Purchaser’s failure to do so.

12.2        If the Purchaser believes that any documentation is false or incorrectly completed

he shall notify the Auctioneer by telephone or email (confirmed by notice

in writing posted first class to the Auctioneer and supported by an officially

authorised certificate) before the end of normal business hours on the second

day after the day of the Sale.

12.3        Where any Enactment requires the Auctioneer to give information to any

statutory or other authority or any other organization the Auctioneer may use any

documentation or other information in his possession to supply any information

that is so required.

 

13 Disclosure of owner’s name: sale for disclosed principal

13.1        Each Lot shall be entered for sale in its owner’s name and if required the owner’s

name as given to the Auctioneer shall be declared by him, when the Lot is offered

for sale.

13.2        Whether or not a Purchaser requires disclosure of the owner’s name the

Auctioneer shall for all purposes be deemed to sell as agent for a disclosed

principal.

 

14 Warranties by the Vendor

14.1        All Lots are accepted for sale by the Auctioneer on condition that the Vendor

warrants his right to sell the same. The Vendor shall indemnify the Auctioneer and

the Purchaser against all actions, costs, proceedings, claims, demands, charges

and expenses which they may sustain or incur by reason of any defect in the

Vendor’s title or arising from the false or incorrect completion of any documents.

14.2        The Vendor further warrants that:

14.2.1    he has notified the Auctioneer in writing of all (if any) of the Lots he has entered

forsale have been written off by an insurance company or if at any time they have

been the subject matter of an insurance claim;

14.2.2    as far as he has been able to do so given the age, condition and usage of any Lot

that he has taken all reasonable steps to ensure the Lot is safe and without risk to

the health and safety of the Auctioneer, his employees, contractors, the Purchaser

and any other person attending the Sale and that he indemnifies each of them

against any claims underthe current Health and Safety, Consumer Safety, Consumer

Protection or other relevant legislation in force at the time of the Sale; and,

14.2.3    unless otherwise disclosed on the Entry Form any motor vehicle isin a roadworthy

condition and complies with the requirements of the current Road Traffic Act

and any regulations made under that Act and that it is sold with the benefit of a

current MOT certificate which will be transferred to the Purchaser by the Vendor.

 

15 Principal and agent: joint and several liability: bids by agents

15.1        Where a Lot is offered for sale by a person in his own name but he is actually

acting as an agent he shall, if so required by the Auctioneer, be bound to disclose

the name and address of his principal and in such a case both the principal and

the agent shall be jointly and severally liable and any steps authorised by these

Conditions or by the general law may be taken against either or both of them.

15.2        Any person intending to bid for any Lot as an agent shall inform the Auctioneer

before the sale ofsuch Lot begins and shall, if required by the Auctioneer, disclose

the name and address of his principal.

15.3        Subject to Condition 15.4, in all cases where a person whose bid is accepted is

actually acting as an agent, whether or not he has disclosed that fact, he and his

principal shall be deemed to be and shall remain jointly and severally liable and:

15.3.1    any steps or proceedings authorised by these Conditions or the general law may

be taken or commenced against either or both of them; and,

15.3.2    no steps taken or proceedings commenced against the principal or the agent shall

be deemed to operate as an election discharging the other from liability unless

such steps or proceedings result in a final satisfied judgment.

15.4        Condition 15.3 shall not apply if before the commencement of the Sale the person

acting as an agent informs the Auctioneer that he intends to bid as a principal, in

which case he will be deemed to be solely liable.

 

16           Name of Purchaser: payment of purchase money: transfer of title

16.1        The Purchaser shall give his name and address (and proof of identity if required)

to the Auctioneer when requested to do so.

16.2        The Purchaser shall pay the purchase price (and, if charged, the appropriate VAT

and Buyers Premium) for each Lot that he bids for successfully at the Sale to the

Auctioneer as soon after the fall of the hammer as the Auctioneer may require.

Any time allowed for payment in respect of any purchase shall not be construed

as a waiver of the right to require earlier payment on any subsequent purchase.

16.3        The Purchaser shall not make any set-off or other plea for nonpayment of the

purchase price and shall be liable to the Auctioneer for any unpaid purchase price

whether or not the Lot he successfully bid for has been delivered.

16.4        If the Purchaser fails to pay for any Lot when required to do so by the Auctioneer

and he is not entitled to return the Lot under any of these Conditions, the

Auctioneer may, by notice in writing to the Purchaser, rescind the sale to him

at which point in time the Lot shall be deemed to be resold to and become the

property of the Auctioneer who shall be responsible to the Vendor for the amount

for which the Lot was sold to the Purchaser less the applicable charges.

16.5 Until the Purchaser makes payment in full to the Auctioneer, the Purchaser shall keep

the Lot in good, marketable, and readily identifiable condition and shall not re-sell it.

16.6        In the event of a re-sale by a Purchaser before payment has been made in full to

the Auctioneer the Purchaser shall hold the proceeds of such re-sale on trust for

the Auctioneer (as agent of the Vendor).

16.7        Although the risk in any Lot may have passed to the Purchaser, title to the Lot will

remain with the Vendor until the Purchaser has paid the purchase price for that

Lot in full into the Auctioneer’s bank account within the timescale from the End

of the Day’s Sale to do so set out in the Auctioneer’s terms of business.

If the title to the Lot does not pass to the Purchaser within the relevant timescale

allowed for paymentin this Condition the Vendor may then, but only then,recover

possession of the Lot from the Purchaser and the Vendor or the Auctioneer may

enter on the Purchaser’s premises (or such other premises where the Lot is held)

in order to do so.

16.8        If the Auctioneer accounts to the Vendor for the purchase price for a Lot (less

the applicable charges) before the Purchaser has made payment in full to the

Auctioneer the Auctioneer shall be entitled to any rights in that Lot which the

Vendor may have under Condition 16.7.

 

17 Sales of Lots by a Purchaser

If, before a Lot is removed from the Sale Premises, the Purchaser of that Lot sells

it to another person and notifies the Auctioneer of the name and address of that

person then that person shall be treated as the Purchaser of the Lot and shall

be entitled to all the rights, and be subject to all the obligations, of the original

Purchaser under these Conditions but this will not affect the right of the Vendor,

or the Auctioneer as agent for the Vendor, to hold the original Purchaser liable if

the subsequent Purchaser fails to fulfil any of those obligations.

 

18           Responsibility for Lots before and after the Sale

18.1        All Lots are at the risk of the Vendor before the Sale and it shall be his duty to

preserve them.

18.2        On the fall of the hammer each Lot is at the risk of the Purchaser.

18.3        The Auctioneer shall have no liability to notify the Vendor if any Lot is not sold.

18.4        If the Auctioneer expressly agrees to take charge of any Lot after the Sale or to

forward it to its destination he shall be liable for any failure to fulfil this obligation

which is due to his or his employees’ or contractors’ negligence, but otherwise he

shall have no liability or obligation for the safe custody of any Lot after the Sale.

 

19 Removal of Lots from the Sale Premises

19.1        The Purchaser shall remove the Lot he has purchased from the Sale Premises

following payment in full to the Auctioneer but only after the Auctioneer has

issued him with a written pass and then at his own expense and within such

reasonable time after the End of the Day’s Sale as the Auctioneer may direct.

19.2        No Lot whether sold or unsold shall be removed from the Sale Premises unless a

written pass has been issued by the Auctioneer to the person making the removal

and the written pass has been checked at the point of removal by a representative

of the Auctioneer.

19.3        Unless otherwise agreed in writing with the Auctioneer all Lots must be removed

from the Sale Premises within such period as may be stipulated by the Auctioneer

failing which the Auctioneer shall have the right without further recourse to the

owner of the Lot to enter the Lot and to sell it without Reserve Price in any future

auction sale.

19.4        The Auctioneer may require any Vendor to remove any Lot from the Sale Premises

without giving a reason and if the Vendor fails to do so, the Auctioneer may

himself remove the Lot and may recover the reasonable costs of doing so from

the Vendor.

 

SCHEDULE 2

WARRANTY RIGHTS AND RETURN OF LOTS

20           Vendor’s warranty to the Auctioneer

20.1        His identity.

20.2        That he is competent to transfer a good and marketable title to his Lots free from

any third party claims, liens, and charges, and that, unless otherwise stated in

writing, all details on the Entry Form are correct; and,

20.2.1    that no Lot issubject to any hire purchase or lease agreement or any othersimilar

agreement;

20.2.2    that the Auctioneer may make such announcements or publish such information

supplied by the Vendor as he in his absolute discretion thinks fit; and,

20.2.3 that he will fully and effectually indemnify the Auctioneer in respect of any

Warranty that is found to have been made by the Auctioneer as a result of such

announcements or publications.

 

21            Inspection of Lots

21.1        Unless a Warranty is specifically given for a Lot and announced by the Auctioneer

at the time of the Sale all Lots are sold with all faults and imperfections and errors

of description. An intending Purchasershould satisfy himself, by inspection of the

Lot prior to the Sale, as to its condition and should exercise and rely upon his own

judgment as to whether the Lot accords with its description.

21.2        Neither the Auctioneer, his employees or contractors are responsible for errors of

description or for the correctness or authenticity of any Lot.

21.3        Unless otherwise specifically stated by the Auctioneer at the time of sale no

Warranty is given or shall be implied by the Auctioneer, his employees or

contractors nor by any Vendor to any Purchaser in respect of any Lot.

21.4        If any Lot is described by the Vendor as in “working order” such Lot shall be free

of any defect which renders it incapable of the reasonable work for which it is

intended and it must be capable of performing such work.

21.5        Any Lot described by the Vendor as “just overhauled” or “straight from work”,

or “worked up to the date of the Sale”, or “as new”, or any other description

calculated to influence an intending Purchaser shall be deemed to be sold with a

Warranty that such a Lot is in “working order” as described in Condition 21.4.

21.6        Electrical Lots which by statute require an electrician’s safety certificate shall not

be accepted as an entry for a Sale unless accompanied by such a valid certificate;

however, if the Auctioneer in his discretion conditionally accepts such a Lot which is

not accompanied by a valid certificate, itshall be lawful for the Auctioneer to remove

itslead or plug and sellthat Lot asscrap withoutfurther consultation with the Vendor.

 

22 Breaches

22.1        Except as expressly provided in these Conditions with regard to any Lot sold the

Purchaser shall take delivery of each Lot with all (if any) faults, imperfections and

errors of description.

22.2        If the Purchaser does not fully comply with these Conditions he shall be bound

to keep the Lot with all faults and shall have no claim for damages or otherwise

against the Vendor or any other person.

 

23           Remedy for breach of Warranty, other than Warranty of title

23.1        Except where otherwise expressly provided, the breach of any Warranty in these

Conditionsshall give the Purchaser a right to refuse to Take Delivery of orto return

the Lot in accordance with these Conditions and to recover such reasonable costs

and charges as he may be entitled to under these Conditions, but shall give him

no right to claim damages from the Vendor as a result of him exercising such

right of refusal or return. A Purchaser is entitled to the remedies set out in these

Conditions, but no others.

23.2        No claim by a Purchaser underthese Conditionsshall be valid unlessthe Purchaser

first notifies the Auctioneer in the manner and within the time limits set out in

these Conditions.

23.3        Where under these Conditions the Purchaser has the option of returning a Lot or

claiming damagesthen, unless within 3 days after first notifying the Auctioneer or the

Vendor of his claim he either returns the Lot to the Auctioneer or, as the Auctioneer

may direct, to the Vendor or gives notice in writing to the Auctioneer and the Vendor

of his intention to return the Lot and of his willingness to comply with any directions

which may be given to him regarding the return of the Lot, the Purchaser shall be

taken to have elected to claim damages and to have waived any rightto return the Lot.

23.4        Where under these Conditions the Purchaser’s sole remedy is to return the Lot it

shall be returned within 3 days of any request to do so by the Auctioneer.

 

24 Complaints procedure

24.1        If any Purchasershall dispute the accuracy of any description orshall make a claim

for Breach of Warranty he shall notify the Auctioneer as soon as is practicable

after the Sale but in any event no later than midday on the third working day

following the day of Sale and shall at his own expense return such Lot together

with a competent engineer’s report setting out the full details of the alleged

complaint to the Auctioneer’s office not later than four days following the date of

notification of the complaint to the Auctioneer.

24.2        On receipt of such notification of a complaint the Auctioneer shall immediately

notify the Vendor in writing of the complaint and of its nature.

24.3        If the engineer’s report confirms a Breach of Warranty the sale to the Purchaser

shall be rescinded.

24.4        If the engineer’s report is inconclusive or if the Purchaser has failed to supply a

competent engineer’s report within four days of the date of notification of the

complaint to the Auctioneer, the Auctioneer may appoint as arbitrator any person

including but without limitation any partner in his own firm or any person in his

employ whose decision shall be final and binding on the Vendor and the Purchaser.

 

25 Return of Lots

25.1        If the sale of any Lot is rescinded under these Conditions and the Purchaser has

incurred any transport costs in connection with the Lot or has incurred expense

in connection with a relevant engineer’s report, the Vendor shall reimburse the

reasonable costs of obtaining it to the Purchaser.

25.2        If any Lot is returned by the Purchaser to the Sale Premises or to the Auctioneer’s

office (as the Auctioneer shall instruct) and neither the Vendor nor the Purchaser

removes the Lot within seven days after written notice from the Auctioneer to do

so, the Auctioneer may re-sell the Lot by public or private sale without warranty

or reserve, and without further notice to the Vendor or the Purchaser.

25.3        The monies produced by such re-sale after deducting the costs and charges of

and attendant on the re-sale, a reasonable sum for the storage of the Lot and any

other charges necessarily or reasonably incurred, shall be held by the Auctioneer

on behalf of the person who proves to be entitled to them, or may be paid into

Court under interpleader proceedings.

25.4        If the monies produced by the re-sale are insufficient to cover the costs and

chargesreferred to in these Conditionsthe Auctioneershall be entitled to recover

the shortfall from the person who was the owner of the Lot immediately before

25.5        Notwithstanding the rescission of the sale of a Lot under these Conditions the

Vendor shall remain liable to pay to the Auctioneer a sum representing the

Commission (plus VAT) which would have been payable to the Auctioneer if the

sale had not been rescinded.

 

26           Road Traffic Act, Health and Safety Act and other statutory regulations

26.1        It shall be the responsibility of the Purchaser:

26.1.1    of any self propelled vehicle or of any trailer, before such vehicle or trailer is used

on the public highway, to ensure that it is roadworthy and that it complies with

all legal requirements as to the construction and use and to obtain any necessary

certificates, licences, or other authorizations; and,

26.1.2    of any machinery or implements or other equipment to ensure that it complies

with the relevant legislation and regulations before it is entered for the sale and

the Purchaser undertakes with the Auctioneer and the Vendor to ensure that itso

complies before using it after purchase at the Sale.          

 

27 Default

27.1        If a Purchaser fails to perform any of his obligations under these Conditions the

Auctioneer may decide in his sole discretion that the Lot in respect of which the

failure is made to be resold by public or private sale without warranty or reserve

and without notice to the Purchaser.

27.2        If on such resale a lower price is obtained for any Lot than was obtained at the

Sale, the Purchaser shall be liable to the Auctioneer for the difference in price

together with all associated resale costs and expenses incurred on the resale.