All of our machinery and equipment and general sales are held under the LAA standard terms and conditions.
PLEASE NOTE THAT ALL LOTS MUST BE PAID FOR BY 4PM ON Monday AFTER THE SALE AND MUST BE COLLECTED BY 4PM THE FOLLOWING MONDAY. Any items not collected may be resold at any stage without notice and a storage charge of £5 per lot per day will be deducted from the proceeds.
Any exceptional circumstances regarding collection must be confirmed in writing by the Auctioneers.
You can pay by bank transfer to
Account No: 01261252
Sort Code: 08-71-99
or you can also pay by debit card by calling 01636558200.
We are open 9am - 4pm STRICTLY BY APPOINTMENT and ask that you please wear a face covering and ensure that hand sanitiser is used prior to entry of the sale ground upon collection of your goods..
NALC AUCTIONS LIMITED TERMS AND CONDITIONS
PAYMENT TERMS - WE REQUIRE PAYMENT BY CLOSE OF BUSINESS (4 PM) ON THE DAY FOLLOWING THE SALE
COLLECTION OF GOODS - WE REQUIRE PURCHASED ITEMS TO BE COLLECTED ON THE DAY FOLLOWING THE SALE OR ON THE MONDAY IMMEDIATELY FOLLOWING THE SALE - HOURS FOR COLLECTION 9 AM TO 4 PM. COLLECTIONS AT ANY OTHER TIME ARE STRICTLY BY APPOINTMENT ONLY - ANY ITEMS NOT COLLECTED BY 4 PM ON THE MONDAY FOLLOWING THE SALE MAY BE RE-SOLD AT ANY STAGE THEREAFTER AND/OR STORAGE CHARGES OF £5 PER ITEM PER DAY WILL BE ADDED WITHOUT NOTICE
THIRD PARTY LIABILITY
Every person on NALC Ltd premises at any time shall be deemed to be there at his or her own risk. He or she shall have no claim against NALC Ltd in respect of any accident which may occur, or injury, damage or loss howsoever caused.
STANDARD CONDITIONS OF SALE
- 1. DEFINITIONS
2. In these conditions NALC AUCTIONS, who act only as auctioneers and agents for the vendor, are called “The Auctioneers”, and the representatives of NALC AUCTIONS conducting the auction is called “The Auctioneer”.
- 3. GENERAL
4. NALC Auctions make every effort to ensure the accuracy of their catalogue and the description of any lot:
4.1. Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the vendor with all faults, imperfections and errors of descriptions.
2. Nalc Auctions do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
3. All statements, whether printed in the catalogue or made orally, as to any of the matters set out in (2) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Nalc Auctions Ltd, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
4. Any claim under any Statute must be received in writing by the Auctioneer within five days of the day of the sale.
5. In all cases Nalc reserves the right to perform an ‘Anti Money Laundering’ check on all new clients, it is incumbent upon the client to provide sufficient information to facilitate this search. NALC Ltd reserve the right to refuse new clients based on the results of this search without in any case giving any reason or without notice.
- 5. THE AUCTION
5.1. The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the Auctioneers discretion.
2. The highest bidder shall be the buyer except in the case of a dispute. If during the auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot. The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid.
3. Each lot is put up for sale subject to any reserve price placed by the vendor. Where there is a reserve price, the Auctioneer may bid on behalf of the vendor.
4. All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the lot.
- 6. RESCISSION – In respect of art and antiques
6.1. Notwithstanding any other terms of these Conditions, if within five days after the sale NALC Auctions have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery that differs from the catalogue description and within fourteen days after such notification the buyer returns the sale to NALC Auctions in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies NALC Auctions Ltd that considered in the light of entry in the catalogue the lot is a deliberate forgery, then the sale of the lot will be rescinded and the purchase price of the same refunded.
1. In the event of a sale by private treaty both the vendor and the buyer agree to be bound by the General and any Special Conditions of Sale.
- 8. INSTRUCTIONS
9. 1. All goods delivered to NALC auctions saleroom or Sale Ground premises will be deemed to have been delivered for sale by auction unless previously stated in writing and sold at the discretion of NALC Auctions Ltd in a capacity as auctioneers and they will be deemed to have been accepted by NALC Ltd for sale subject to the Conditions of Sale as displayed at the Saleroom or within the catalogue supplied with the entry form of items entered off the saleroom premises, or such variation thereon as may from time to time be announced. Delivery of the goods to and NALC Auction by and on behalf of a vendor shall be deemed to represent acknowledgement that he or she has accepted and agreed to be bound by the said Conditions of Sale.
2. NALC Ltd reserve the right to refuse entry of items deemed to be unsaleable, unfit for purpose or below standard.
- 10. COLLECTIONS
NALC Ltd hereby disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods and for damage to premises caused by the contractor who may be used by the auctioneers or the buyer; who should be insured for such risks. Unless instructions are received to the contrary the charge for these services will be deducted from the proceeds of the sale.
- 11. LOSS OR DAMAGE
NALC Auctions Ltd disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the direct negligence of their employees.
- 12. STORAGE
NALC Ltd reserve the right to sell/store or arrange for sale/storage of goods delivered to them for sale either on their own premises or elsewhere at their discretion. They exempt themselves from any liability for loss or damage to goods delivered to their saleroom or sale Ground without sufficient sale instructions and reserve the right to make a minimum storage charge at £5.00 plus VAT per lot per day for such goods.
- 13. RIGHT TO SELL
Vendors will be charged for goods left on the premises if the vendor has been requested to remove them and if the goods are not removed by 5pm on the Friday of the week following the sale NALC Ltd reserve the right to sell the goods to cover costs and storage charges or dispose of the goods if they are of no saleable value and charge the owners of the goods for disposal
- 14. RECISSION
If before NALC Ltd remit the “sale proceeds” to the seller, the buyer makes a claim to rescind the sale under the Terms & Conditions of Sale if appropriate and NALC Ltd are of the opinion that the claim is justified, NALC Ltd are authorised to rescind the sale and refund to the buyer any amount paid to in respect of the lot.
- 15. UNSOLD LOTS
If lots offered for sale by NALC Ltd fail to sell, the seller shall decide either to re-offer the lot for sale if deemed suitable for re offer by the auctioneers or to collect the lot. If the vendor so wishes.
- 16. RESERVES AND UNSOLD ITEMS
1. All goods are put up for sale without reserve at the Auctioneer’s discretion unless clear written instruction on an entry form as to reserves are received by NALC Ltd prior to the commencement of the sale.
2. Reserves below £50 will only be accepted at the Auctioneers discretion and in any event no responsibility will be undertaken for such reserves below £50. In all cases the Auctioneer reserves the right to sell within 10% of the reserve price.
3. The Auctioneers reserve the right to sell without reserve any item that has failed to reach the reserve price and has not been removed by the vendor. Reserved items may be re-entered at the sole discretion of and by agreement with the auctioneers.
4. The Auctioneers reserve the right to dispose of any lot that fails to attract a bid and to charge the vendor for such disposal unless they are collected within five days of their first offering for sale.
- 17. INDEMNITY
The vendor shall duly indemnify NALC Auctions Ltd against any claims in connection with any goods sold by NALC Auctions on the vendor’s behalf.
- 18. ELECTRICAL AND GAS GOODS
No warranty whatsoever is given on electrical and gas powered goods and it is the buyer’s responsibility to ensure that an appropriate electrical or gas test is undertaken by a suitably qualified technician prior to use.
The seller of electrical or mechanical goods warrants and undertakes to the auctioneers that at the date on which the same are consigned to the care of NALC Auctions except where previously disclosed to NALC Auctions the same are safe if reasonably used for the purpose for which they were designed and free from any defect not obvious on external inspection which could prove dangerous to human life or health and will indemnify
NALC Auctions Ltd, its servants and agents against any loss or damage suffered by any of them in consequence of any breach of the above warranty and undertaking. Furthermore, all electrical goods will be sold electrically untested and cables severed where deemed necessary by the auctioneers.
- 19. RIGHTS TO PHOTOGRAPHS AND ILLUSTRATIONS
The vendor gives NALC Auctions Ltd full and absolute right to photograph and illustrate any lot placed in its hands for sale and to use such photographs and illustrations any photographs provided by the vendor at any time at its absolute discretion (whether or not in connection with the auction).
- 20. PROCEEDS OF SALE
NALC Auctions Ltd undertakes to pay the vendor the proceeds of sale, less commission, and other notified deductions, as displayed, irrespective of whether payment has been received from the purchaser.
- 21. LOT WITHDRAWAL
In the event of a vendor withdrawing a lot the Auctioneers reserve the right to charge full commission at the Auctioneer’s estimated value of the lot. The Auctioneers reserve the right to exercise a lien on items until such payment is made
- 22. VALUE ADDED TAX
Where the vendor is registered for VAT purposes and enters any goods for Sale which are not technically household chattels, we are obliged by law under these circumstances to charge VAT at the prevailing rate and in addition to the Sale price as knocked down. This tax will be paid to the Vendor who will be obliged to account to the Customs & Excise office. This information must be supplied to the Auctioneer on or prior to delivery of the goods.
BUYERS CONDITIONSFees apply to the hammer price:
14% Plus Vat on all lots within this sale.
- 23. INSPECTION
Each buyer on making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the Sale Conditions the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored.
- 24. PROPERTY AND RISK
Legal title will not pass to the buyer until the lot(s) has been paid for in full and the Auctioneers shall be entitled to a lien on any lot sold until the purchase price (as defined below) is paid in full but each lot is at the sole risk of the buyer from the fall of the hammer. Each buyer shall forthwith give his full names and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to NALC Ltd such proportion of the purchase price as the Auctioneer may require. If the buyer fails to do so, the lot may at the Auctioneer's discretion be put up again and re-sold. The buyer will be liable to pay any loss on the resale on such items
- 25. PRINCIPAL
Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by Auctioneers that he acts as agent on behalf of a named principal.
- 26. REMOVAL OF GOODS
1. No purchase shall be claimed or removed until it has been paid for and the sale has been concluded. All purchases shall be paid for and removed at the buyer's risk and expense by the end of the second working day after the sale, failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at the risk of the buyer and subject to a minimum warehousing charge of £5.00 per lot per day plus VAT. If they are not paid for and removed within seven days of the sale the Auctioneer may re-sell them by auction or privately without notice to the buyer. 2. In the event of any failure of the buyers to comply with any of the above conditions the damages recoverable by the seller or the Auctioneers from the defaulter shall include any loss arising on any re-sale of the lot, together with the charges and expenses in respect of both sales, and together with interest at 2% above Base Rate upon the price of any lot which has not been paid for within 48 hours of the sale, and any money deposited in part payment shall be held by the Auctioneers on account of any liability of the defaulter to them or to the seller. The Auctioneers are unable to accept payment from successful bidders other than bank transfer, debit card or cash in pounds sterling. The Auctioneers reserve the right to refuse payment by any other means.
- 27. PURCHASE PRICE
1. The purchaser of any lot shall pay the hammer price plus a premium (together with VAT on the premium for all lots and on the hammer price if applicable to that lot). The premium shall be calculated at 13% (plus VAT) on the hammer price of each lot. The premium at the appropriate rate is payable by all purchasers. The vendor authorises the Auctioneer to deduct commission and expenses at the agreed rates from the hammer price and the purchaser and the vendor acknowledge NALC Auctions Ltd’s right to retain the premium payable by the purchaser.
2. Not only will any bidder or purchaser at any sales be deemed to be purchasing, or to have purchased, in full knowledge of, and agreement with, these and any other printed or announced conditions of sale, he will also be deemed to be in full knowledge of, and agreement with, such other conditions of sale as are on display during normal office hours in the offices of the Auctioneers.
3. The auctioneers’ bankers are Cashplus Bank Limited. Please forward payment by transfer to the credit of ‘NALC AUCTIONS LIMITED Account No: 01261252 Sort Code: 08-71-99. Please quote your customer number and the sale date as reference
4. If the auctioneer finds it necessary to use solicitors or other professional parties to recover any outstanding accounts or any other charges or expenses, the purchaser will, in addition, be required to pay for such costs incurred and shall indemnify the auctioneer in respect of the same.
5. Should an account or any other charges or expenses not be paid on its respective due date, then the auctioneer will be entitled to damages as set out as compensation in the Late Payment of Commercial Debts (Interest) Act 1998 and contractual interest pursuant to said Act or any successor legislation, from the day of sale until settlement. If the said Act does not apply as the purchaser is a consumer then the auctioneer reserves the right to charge interest at the rate set out in said Act (for the avoidance of doubt interest may be charged at 8% above the Bank of England base rate during the period in which the account and/or any other charges or expenses are due).
6. Online Internet bidding – any purchaser bidding online needs to satisfy themselves with the terms, conditions and charges of the internet auction site provider. These terms, conditions and charges are in addition to those levied NALC Auctions Ltd. When an online bid has been made using the internet providers site it cannot be rescinded unless a genuine dispute is identified by the buyer. The buyer needs to be aware that pressing the bid button on the internet providers site will enter them into a fully binding contract in relation to the item that the bid was entered on should that bid be successful. It is the buyer’s sole responsibility to ensure that they are bidding on the correct lot. It is the buyer’s responsibility to ensure that they are accepting the current bid price before they press the online bid button
- 28. RIGHT OF ADMISSION
1. The right is reserved to refuse admission to the saleroom or sale ground premises and any used by the auctioneer at his or her sole discresion without giving a reason.
2. Any person bringing onto any premises used by NALC Group Ltd any hazardous substances must provide the relevant information for use by the Auctioneers, members of the public and prospective purchasers. Vendors of all goods are reminded of their duty to comply with relevant Health & Safety Acts. Purchasers are reminded that any second-hand goods purchased through an auction sale should be thoroughly checked by a competent person before use.
- 29. AUCTIONEERS NOTICE
1. At all times prior to the fall of the hammer chattels remain the responsibility of the vendor and thereafter the responsibility of the purchaser at no time other than when due care is expected of an agent do auctioneers accept responsibility.
2. For the avoidance of doubt. The insurance of chattels is always the duty of the owner.
- 30. ESTIMATES
The estimated selling price for each lot is available upon request. The estimates are prepared well in advance of the sale and are not definitive and are subject to revision.
- 31. STORAGE CHARGES
Buyers are reminded that storage charge of £5.00 plus VAT per lot per day will be levied on all lots that are not collected in accordance with the Conditions of Sale.
- 32. BIDS
We will be pleased to execute bids on behalf of intending buyers, and no charge is made for this service. Lots will be purchased as cheaply as permitted by other bids and reserves. Bids must be submitted to the Office at least two hours before the sale commences and should be entered on the form provided. Bids left by telephone will be accepted only on the condition that they are at the sender's risk and must in any case be confirmed in writing.
- 33. PAYMENT
Payment must be made by the end of the next working day following the sale in which the goods have been purchased.
- 34. CONDITION REPORTS
If you would like an opinion on the condition of any lot prior to purchasing, or if you are unable to attend the sale and would like a condition report please request this and we will send a written condition report by email. No verbal condition reports will be given. The auctioneers accept no responsibility for any error or difference of opinion on any report given as they are given as guidance only.
Farm and dispersal sales
- LOADING FACILITIES – Loading facilities will be available upon request to the auctioneers . Loading outside these times will be strictly by arrangement with the Sellers. Any lots remaining after two weeks post the auction date will be re-sold (see section 12 of the Conditions of Sale).
The Auctioneers and Seller will not accept any responsibility or liability for the loss or damage to lots left on the sale ground and all Buyers are reminded that they are entirely responsible for any lot purchased from the fall of the hammer.
Vehicles entering the sale ground for loading must operate below a 5mph speed limit and move with caution.
BUYER’S FACILITIES – All registrations for this Online or Timed Machinery Auction are provisional and subject to the approval of the auctioneer. Your Highest Bid will be treated as a valid bid even if at the time of placing it the RESERVE is NOT MET. Sellers may ask us to reduce the reserves in the closing hours and put items on sale. Remember when placing a bid you are bidding to buy. Details are provided in good faith. They should not be relied upon as fact and buyers must make their own investigations.
Where measurements, mileages, hours, condition or authenticity are critical. Buyers should make themselves satisfied they are happy with the lot before they bid as viewing is available on all lots by prior appointment, all bids are non-retractable.
Potential buyers who do not inspect lots prior to bidding, do so at their own risk. The condition and function of an item should be confirmed by the bidder, prior to bidding. As there will be NO refunds or allowance given after the closure of the bidding process or fall of the hammer.. Your bid is your commitment to purchase.
Any Transgression of these rules will be reported to easyliveauctions.com or bidspotter.co.uk and the bidder will be blocked from taking part in any future NALC Auctions No warranty is offered or implied. Each lot is bought and sold as seen. Viewing is welcome and recommended. If a bid is placed during the last 3 minutes of a lot’s closing time then the closing time is updated to end approximately 3 minutes from when the bid is placed.
VAT - VAT will be payable on all lots in addition to the hammer price, buyers premium and internet surcharge at the standard rate.
CONDITIONS of sale - The sale will be conducted under our standard Conditions of Sale reproduced in this catalogue. All prospective Buyers should ensure that they have read and understood these Conditions. The act of bidding will be taken as acceptance of them.
ENGINE HOURS - Neither the Sellers nor the auctioneers make any warranty regarding engine hours or vehicles mileages.
INSPECTION OF EQUIPMENT – No powered machinery or equipment may be started without the prior approval of the auctioneers representative during the viewing days.
FORTHCOMING SALES - If you wish to receive catalogues of future sales, please leave your name and full address at our office.
CATALOGUE ENTRIES - Whilst every attempt is made to ensure that the descriptions are accurate, no guarantees are either given or implied. Buyers should be aware that from time to time, lots are withdrawn and other lots added. Please contact the auctioneers prior to the online sale or viewing days commencing to ensure that the machinery has been delivered onto the sale ground.
VIEWING – Appointments are to be made with the auctioneers prior to arriving to view the lots. This is to enable COVID-19 compliance which must be adhered to during viewing.
EXPORT OF GOODS - All goods purchased at NALC’s auctions that are to be exported or removed from the United Kingdom will:
1. Be dealt with under the requirements set out of HM Customs and Excise publications:
a) VAT Notice 703 dated April 2014 as updated 31 December 2020 - Export of goods from the United Kingdom. https://www.gov.uk/guidance/ vat-on-goods-exported-from-the-uk-notice-703 Further Guidance is available here for goods movements between Great Britain and Northern Ireland: https://www.gov.uk/government/ publications/accounting-for-vat-on-goods- moving-between-great-britain-and-northern- ireland-from-1-january-2021/accounting-for- vat-on-goods-moving-between-great-britain- and-northern-ireland-from-1-january-2021 https://www.gov.uk/government/publications/ accounting-for-vat-on-goods-moving-between- great-britain-and-northern-ireland-from-1- january-2021/check-when-you-are-trading- under-the-northern-Ireland-protocol-if-you-are- vat-registered-business
2.Be ZERO RATED for VAT purposes subject to the following conditions being met:
a) The goods are removed from Great Britain within three months from the time of supply (the date of auction). b) NALC Auctions Limited are provided with valid commercial documentary evidence that the goods have been removed from Great Britain within three months of the auction date. Unless and until the above requirements are fulfilled Purchasers will be charged VAT at the Great Britain standard rate (currently 20%). This will only be refunded if all requirements within the regulations are met within the specified time limits.
Upon receipt of cleared funds the Purchaser at auction takes ownership of the goods and goods will not leave a vendors premises until this is the case. The Purchaser or their agent will be responsible for removing the goods from Great Britain and will act as the importer of record and will be responsible for payment of any VAT, duties, goods and services tax, or other sales or import taxes or duties arising on the exportation of the goods from Great Britain and the importation of the goods into any country. neithier NALC Group or the Vendor are responsible for any VAT, duties, goods and services tax, or other sales or import taxes or duties arising on the exportation of the goods from Great Britain and the importation of the goods into any country by the Purchaser or their agent. Further Guidance is available here for goods leaving the United Kingdom: https://www.gov.uk/check-customs-declaration
Overall Condidtions of sale
- (i) In these conditions the following terms have the following meanings unless inconsistent with the context: “Auctioneers” means NALC Auctions –“Host” means easyliveauctions.com. The host website portal for this auction;
(ii) “Internet Surcharge” means the surcharge charged to the Purchaser on purchased Lots;
(iii) “Conditions” means the standard terms and conditions of business set out in this document; “Lots” means all or any machinery and other items sold or intended to be sold in accordance with these conditions; “Purchaser” means a person, firm or Company who purchase any Lot; “Vendor” means a person, firm or Company who puts forward any Lot intended to be sold at the sale; “
(iv) Sale” means a sale of the Lots by auction from time to time organized by the auctioneers;
(v) “Saleground” means the venue at which the sale takes place; “Sale price” means the price at which a Lot is sold to the winning Purchaser; and
(vi) “Reserve Price” means the minimum price fixed by either the Auctioneers or Vendor at which any Lot is to be sold at the sale. (ii) Except where the context otherwise requires words denoting the singular include the plural and vice versa.
(vii) Words donating one gender includes all genders, words denoting persons include corporations.
2 CONDITIONS OF SALE
(i) 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.
(ii) These Conditions may be supplemented or superseded by special conditions applicable to specific Sales, any such special conditions will be noted within the descriptions of specific lots.
(iii) These Conditions, the sale of the Lots and the participation in the auction are on the basis that the Purchaser is acting wholly or mainly within the Purchaser’s trade, business, craft or profession.
(viii) HEALTH AND SAFETY
(i) All persons viewing a lot do so at their own risk and with notice of the condition of the premises and their contents.
(ii) All persons viewing a lot are hereby made aware that there may be significant risks on the Sale ground including moving machinery and equipment;
(iii) Caution should be exercised at all times and children and animals/pets must be fully supervised at all times.
(iii) All persons viewing a lot must take notice of all specific health and safety notices on display. If in doubt, please consult the Auctioneers in charge.
(iv) Any accidents or incidents that occur on the Sale ground must be immediately reported to the Auctioneers and details recorded in the appropriate accident book.
(ix) No powered machinery or equipment should be started without the prior approval of the Auctioneers.
(v) Any vehicles brought onto the Sale ground to collect lots should be operated with extreme caution and within a 5mph speed limit.
(x) Loading using machinery should only be undertaken by suitably qualified and experienced operators.
(vi) The Auctioneers shall have the right at their discretion to refuse admission to their premises or those of their clients by any person. (xi)
(xii) 4 AUCTIONEERS 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.
(xiii) The Auctioneers 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.
(xiv) LIMITATION OF LIABILITY (i) This clause 5 sets out the entire financial liability of the Auctioneers (including any liability for the acts or omissions of its respective employees, agents and subcontractors) for:
(a) any breach of these Conditions however arising;
(b) any use made or resale of the Lots by the Purchaser; and
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Conditions. (ii) Nothing in these Conditions shall limit or exclude the Auctioneers liability for:
(a) death or personal injury resulting from negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be excluded or limited by applicable law.
(iii) Without prejudice to clause 5(ii), the Auctioneers shall not under any circumstances whatever be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
(a) loss of profit;
(b) loss of goodwill;
(c) loss of business;
(d) loss of business opportunity; (e) loss of anticipated saving; or
(f) special, indirect or consequential damage, suffered by any other party that arises under or in connection with these Conditions.
(iv) Without prejudice to clause 5(ii) or clause 5(iii), the Auctioneers total liability for all other losses arising under or in connection with these Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the Reserve Price.
(xv) (v) The Purchaser acknowledges that the Vendor has given the Purchaser a reasonable opportunity to inspect the Lots, and the Purchaser has satisfied itself as to the quality and condition of the Lots.
(xvi) 6 WARRANTY DECISIONS In case of dispute as to the interpretation of these Conditions the decision of the Auctioneers shall be final and binding on all parties save as provided for in clause 15(iv).
(xvii) 7 RESERVATIONS The Auctioneers sell as agent for the Vendor and as such are not responsible for any default by the Vendor or Purchaser.
(xviii) 8 CATALOGUES AND ADVERTISEMENTS The Auctioneers cannot guarantee that any Lot described in any Catalogue or advertisement nor that any description therein contained can be relied upon as accurate. Any illustrations in Catalogues are for general identification only.
(xix) 9 RESERVE PRICE AND BIDDING
(i) The Purchaser shall be the person who makes the highest bid acceptable to the Auctioneers.
(ii) No bidding shall be retracted. The bidding increments will be regulated by the Auctioneers.
(xx) (iii) All Lots must be inspected by the Purchaser. Except as set out in these Conditions, the bids are on the understanding that the Lot has been inspected and is purchased with all faults and imperfections.
(xxi) (iv) The Auctioneers may without giving any reason, refuse to accept the bidding of any person. (v) The Auctioneers and/or the Vendor reserve the right to fix a Reserve Price for any lot.
(xxii) 10 PAYMENT
(i) All Purchasers must register their names and addresses before they are permitted to bid in an online sale, (xxiii) The Auctioneers reserve the right to reject or terminate any registration at its sole discretion.
(ii) On conclusion of the Auction period, we will notify the Purchaser by email to confirm:
(a) that the Purchaser is the winning bidder; and
(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.
(xxiv) (iv) All lots must be paid for within 2 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 Cheque, Bankers Draft, Postal Order, Debit Card, BACS or CHAPS,
(xxv) 11 RESERVATION OF TITLE (i) If not paid for on demand, the Lot shall be returned to the Saleground for resale. (ii) Title to Lots shall not pass to the Purchaser until payment in full is received (in cash or cleared funds) for the Lots, in which case title to these Lots shall pass at the time of payment of all such sums. (iii) Until title to Lots has passed to the Purchaser, the Purchaser shall:
(a) store those Lots separately from all other goods held by the Purchaser so that they remain readily identifiable as the Vendor’s property;
(b) not remove, deface or obscure any identifying mark or packaging on or relating to those Lots; and
(c) maintain those Lots in a good and marketable condition and keep them insured on the Vendor’s behalf for their full price against all risks with an insurer that is reasonably acceptable to the Vendor. (iv) Subject to clause 11
(xxvi) (v), the Purchaser may resell or use the Lots in the ordinary course of its business (but not otherwise) before payment for the Lots is made in full (if the Purchaser resells the Lots before that time it does so as principal and not as agent). (v) If, before title to Lots passes to the Purchaser, the Purchaser suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits any inability to pay its debts, or is deemed by the Auctioneers to be unable to pay its debts, then without limiting any other right or remedy the Vendor may have:
(a) the Purchaser’s right to resell the Lots or use them in the ordinary course of its business ceases immediately; and
(b) the Vendor may at any time require the Purchaser to deliver up all Lots in its possession that have not been resold, or irrevocably incorporated into another product.
(xxvii) 12 VALUE ADDED TAX ON PURCHASE PRICE VAT at the standard applicable rate will be added to the sale price of all lots unless they are exempt.
(xxviii) 13 WARRANTY AND INSPECTION OF GOODS
(i) Unless a warranty is specifically given for a particular Lot at the time of the Sale all Lots are sold with all faults and imperfections and errors of description. Purchasers should satisfy themselves prior to the sale of the Lot as to the condition of each Lot and should exercise and rely on their own judgement as to whether the Lot accords with its description. Neither the Auctioneers, their servants or agents are responsible for errors of description or for the genuineness or authenticity of any Lot. Unless otherwise stated no warranty is given by the Auctioneers, their servants or agents or by any Vendor to any Purchaser in respect of any Lot and any express or implied conditions or warranties are excluded to the fullest extent permitted by law.
(ii) If any Lots are described at the same time of the Sale as in “working order” such Lots shall have no defect which renders them incapable of the reasonable work for which they are intended and they must be capable of performing such work for a period of 7 days commencing at 12 noon on the sale day subject always to clause 13(v) to clause 13(vii) inclusive set out below. (iii)
(xxix) All electrical items require a current Electrician’s Safety Certificate and any item entered into the sale without a Certificate will either be refused entry or have the lead and plug removed and sold as scrap. Where electrical equipment is sold without specific instructions for use it is the responsibility of the Purchaser to take independent advice as to the correct operating procedures and any characteristics specific to them.
(xxx) The Auctioneers shall have no responsibility for the safe use of the item.
(v) The Purchaser of any Lot is responsible for complying with all legal requirements as to the safe use of Lots purchased at the Sale and shall ensure compliance with all relevant legislation relating to the safe use of such Lots.
(vi) The Purchaser will be deemed to have inspected any Lot and will be solely responsible for ensuring that the Lot complies with the Health & Safety at Work Act 1974 and in particular Sector Information Minute 01/2006/03 as issued or subsequently amended by the Health and Safety Executive or subsequent governing body prior to commencing use or work with such Lot.
(vii) The Purchaser will provide if requested by the Vendor or the Auctioneer acting as agent on behalf of the Vendor a written undertaking pursuant to Section 6(8) of the Health and Safety at Work Act 1974 to confirm that all duties under Sections 6(1)(a) or 6(1a) of the Health & Safety at Work Act 1974 have passed to the Purchaser at the fall of the hammer.
(xxxi) 14 COMPLIANCE WITH ROAD TRAFFIC ACTS The Purchaser of any vehicle or trailer is responsible for complying with all legal requirements as to the construction and the use of such vehicle or trailer and for obtaining all certificates, permits or other authorization necessary before such vehicle or trailer can be used on the road.
(xxxii) 15 ACCEPTANCE AND DEFECTIVE LOTS
(i) If the Purchaser fails to give notice of rejection in accordance with this clause, it shall be deemed to have accepted the lots.
(ii) Any Purchaser disputing the accuracy of any description or alleging breach of warranty of a Lot purchased shall:
(a) in the case of a defect that is apparent on normal visual inspection, no later than 12:00 noon on the third working day following the sale date (such period of time may be extended at the Auctioneers sole discretion); and
(b) in the case of a latent defect, give notice to the Auctioneers as soon as possible following the latent defect having become apparent.
(xxxiii) (c) return the Lot to the Saleground (or other such location as notified to the Purchaser by the Auctioneers) within seven days of the Purchaser’s notice; and
(d) within seven day of the Auctioneer’s request, provide a competent engineer’s report setting out full details of the alleged defect. (iii) The Purchaser’s rights under clause 18 shall not apply if:
(a) the Purchaser makes any further use of those Lots after giving notice or discovering the defect;
(b) the defect arises because the Purchaser failed to follow any oral or written instructions for the storage, commissioning, installation, use and maintenance of the Lots or (if there are none) good trade price regarding the same;
(c) the Purchaser alters or repairs those Lots;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) the Lots differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
(iv) The Auctioneers may appoint as arbitrator any person including but without limitation any partners of their own firm or any person in their employ who decision shall be final and binding on the Vendor and the Purchaser.
(xxxiv) 16 RESALE DUE TO FAILURE OF COMPLIANCE
(i) On failure of compliance with the Conditions, the Auctioneers may without prejudice to any other rights they may have, resell the Lot or Lots, either by public auction or private contract and the deficiency (if any) arising upon the resale together with all expenses shall be due as a debt by the defaulter of the first sale.
(ii) The defaulter shall not be entitled to any surplus which may arise by such re-sale, which shall remain the property of the Auctioneers.
(iii) Expenses shall be deemed to include the usual Auctioneers’ commission on the re-sale and all expenses for porters, advertising, market tolls, carriage, care, storage, keep and otherwise.
(iv) For the avoidance of doubt, if any Lots are subject to a resale the Auctioneers shall not be required to obtain an equal or greater sale price than achieved during the first sale.
(xxxv) 17 AUCTIONEERS’ RIGHT TO ANNUL SALES
(i) In the event of any dispute or refusal to pay or of non-payment on the part of the Purchaser, the Auctioneers may, entirely at their discretion, annul and cancel the sale of such Lot of Lots.
(ii) Persons viewing lots at the Sale ground are respectfully reminded that verbal or physical abuse of any person, especially the Auctioneer’s staff, will not be tolerated.
(xxxvi) 18 REMOVAL OF LOTS FROM SALE GROUND
(i) All Lots whether sold or unsold may not be removed from the Sale ground without a pass for the removal of Lots. Passes must be obtained from the Auctioneers’ offices. All Lots must be checked out by a representative of the Auctioneers.
(ii) The Purchaser has no right to anything not described in the catalogue.
(iii) The Purchaser will be responsible for removal of lots at his own expense and must provide his own labour and equipment. Such removal must be carried out safely and lawfully and in accordance with any conditions of sale of which the Purchaser is notified.
(iv) All Lots purchased must be cleared from the Sale ground within seven days of the date of the Sale in which they were purchased.
(v) The Auctioneers reserve the right to sell entirely without reserve by auction at the next, or at any future Sale, any sold or unsold Lot which remains in the Sale ground for longer than the times specified in clause 18(ii) above, unless they have received and accepted in their sole opinion a satisfactory explanation in writing from the Purchaser or Vendor as to why the Lot remains in the Sale ground.
(xxxvii) 19. INTERNET SURCHARGE The Auctioneers will charge purchasers an internet surcharge of 3% (plus VAT) on the hammer price of each and every Lot purchased online.
(xxxviii) 20 THIRD PARTY RIGHTS (i) A person who is not a party to the contractual relationship shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term. This does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
(xxxix) 22 ENTIRE AGREEMENT You acknowledge that you have not relied on, and shall have no remedies for, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Conditions.
(i) If any provision or part-provision of these conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If that modification is not possible, the relevant provision or partprovision shall be deemed deleted. Any modification to, or deletion of, a provision or part-provision under this clause 29 shall not affect the validity and enforceability of the rest of the Conditions.
(ii) If any provision or part-provision of the Conditions is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend that provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
24 APPLICABLE LAW & JURISDICTION These Conditions shall be governed and constructed in accordance with English Law. All transactions to which these Conditions app