2014 Caterpillar TH414C GC 3.6 ton Telehandler

General Auction Terms & Conditions

A. General
1. All Witham Specialist Vehicles Ltd sales are governed exclusively by the following conditions and the conditions of the respective auction. Alternative agreements require confirmation by Witham Specialist Vehicles Ltd in writing.

B. The Auction Bid Procedure
1 Inspect goods thoroughly before submitting a bid. Warranty claims are excluded.

The goods are located at Witham Specialist Vehicles Ltd, Honeypot Lane, Colsterworth, Lincs, NG335LY. Please consult the website www.mod-sales.com for opening times. 

2. Bids must be submitted electronically 

3. VAT will be charged in addition to the bid price

4. Bids are binding and cannot be withdrawn or altered once the auction has closed.

5. Witham Specialist Vehicles Ltd reserves the right to reject any bids.

6. The highest bidder will be notified immediately. The invoice will follow by email the next working day. Payment must be recieved within 3 working days from the date of the invoice and collected within 7 days from the date of the invoice.

C. Sales
1. Bids shall principally be submitted in £ sterling. 

2. VAT will be charged in addition to the bid price.

D. Payment
1. Payment shall be received by Witham Specialist Vehicles Ltd within 3 days of date of Invoice without any deduction. Bank transfer, debit cards and cash with I.D. are accepted as payment only.

2. Payment is to be made in £ sterling. Banking fees and exchange differences are at the Buyer's expense.

3. Goods will not be released until all funds are cleared.

E. Delivery
1 On payment of the full invoice amount Buyer will receive a release note. In case of Intra Community Deliveries, prior to handing over the release note, the buyer has to declare in writing to deliver the goods to a member state of the Community.

2. The Buyer is obliged to collect the goods purchased within 7 days of the date of Invoice. Goods collected after this deadline will incur storage charges of £28 +VAT per lot per day charges. The item will not be released until all charges have been paid in full. This pick-up obligation is one of the Buyer's principal performance obligations. Before removal, the Buyer must make prior arrangements with the contract officer at the storage location concerned
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3. Witham Specialist Vehicles Ltd as the exporter is responsible for adherence of the customs regulations and the export licensing procedure.

4. Goods are sold ex storage location. Assistance will be given for loading unless otherwise stated,

5. The Buyer shall be liable for any loss or damage caused by himself or his agents arising out of or In any way in connection with the performance of his contractual obligations (especially during pickup of the goods) and in this context shall indemnify Witham Specialist Vehicles Ltd and its principals against all relevant third party claims including litigation costs. Unless excluded by law, the Buyer waives all rights to claim against Witham Specialist Vehicles Ltd and Its principals In respect of any loss, damage or injury suffered by him, his personnel or his agents in connection With the take-over, collection or transportation of the goods and in this respect Witham Specialist Vehicles Ltd and its principals shall also be indemnified against all claims from third parties.

6. The risk of deterioration or loss of the goods transfers to the Buyer on take-over of the goods.

7. In the event Witham Specialist Vehicles Ltd is unable to make goods available prior to the transfer of risk to the Buyer, the Buyer is entitled only to reimbursement of the invoice amount, Further claims against Witham Specialist Vehicles Ltd are excluded unless the action of Witham Specialist Vehicles Ltd can be proved as to be deliberate of grossly negligent.

F. Retention of Title
1. The title of the goods transfers to the Buyer once payment of the purchase price has been made and hand over of the goods has been completed.

G. Warranty and Liability for Defects
1. Goods are "sold as seen", excluding any warranty claims. Witham Specialist Vehicles Ltd gives no guarantee as to description, quantity, and quality. condition, suitability for use and licensing, undamaged history or the non-existence of apparent or hidden defects.

2. Remarks regarding the description, condition and assortment of the goods as well as indication of quantities in "en-bloc" lots are non-binding. Information, statements and promises are without obligation unless confirmed by Witham Specialist Vehicles Ltd in writing.

3. The Buyer shall be responsible for adherence, to safety, licensing and environmental protection requirements as well as for applying for operating permits.

4. Bidders bid at thier own risk and should inspect the vehicles thoroughly prior to bidding to satisfy themselves as to the condition of the items.

5. Bidders should ascertain through thier own inspection that the items are fit and suitable for thier intended purpose. 

H. Default In Payment, Failure to Remove Goods
1. If Buyer falls to pay the full amount of the purchase price in due time, Witham Specialist Vehicles Ltd shall be entitled to charge default interest at 2% above the current Longer Term Refinancing Rate of the European Central Bank, but not less than 8% and to retain all performance ensued from all purchase agreements concluded with the Buyer.

2. If Buyer fails to remove the goods in due time, Witham Specialist Vehicles Ltd shall be entitled to charge default fees In the amount of storage fees usually Charged by freight forwarders and for to have the goods removed and to store elsewhere on account and risk of the Buyer. Witham Specialist Vehicles Ltd shall also be entitled to refuse the acceptance of buyer's further performance. To sell or dispose of the goods over the counter and to charge the Buyer with all costs and damages incurred