BUYERS CONDITIONS OF SALE
1.1 In these conditions the following meanings unless inconsistent with the context:
“Auctioneers” means Cheffins of the Saleground, Sutton, Ely, Cambs, CB6 2QT.
“Commission” means the commission charged on the sale of Lots in accordance with clause 2 below.
“Conditions” means the standard terms and conditions of business set out in this document.
“Lots” means all machinery and all other items sold or intended to be sold in accordance with these conditions.
“Purchaser” means a person, firm or company who purchases Lots.
“Vendor” means any person, firm or company who puts forward Lots intended to be sold at the sale.
“Sale” means a sale of Lots by auction from time to time organised by the Auctioneers.
“Sale Day” means the day fixed by the Auctioneers for an auction and where the context so requires means the day fixed for the auction in which a particular Lot is entered.
“Saleground” means The Saleground, Sutton, Ely, Cambs, CB6 2QT.
“Reserve Price” means the minimum price fixed by either the Auctioneers or the Vendor at which Lots are to be sold at the Sale.
1.2 Except where the context otherwise requires words denoting the singular include the plural and vice versa; words denoting one gender include all genders; words denoting persons include corporations and vice versa.
2. BUYERS SERVICE CHARGE
2.1 All purchases will be subject to the following service charge
on lots sold by auction or by private treaty:
Class 1 items (as defined in 2.3 below): 2% of hammer price
Class 2 items (as defined in 2.3 below): 2.5% of hammer price
Class 3 items (as defined in 2.3 below): 5% of hammer price
The service charge will be subject to a minimum charge of £5 plus VAT per lot.
2.2 VAT at the standard rate will be charged on all commissions.
Class 1 items: Tractors, Excavators, Loading Shovels, Telescopic Handlers, Forklift Trucks, Bulldozers, Cranes,
Dumpers, Combine Harvesters, Self-Propelled Sugar Beet and Potato Harvesters, and Self-Propelled Sprayers.
Class 2 items: All other items except vehicles.
Class 3 items: 4x4 Vehicles, Light Commercials and Cars
2.4 All lots purchased through Cheffins Internet bidding will be subject to an additional 1% of the hammer price plus VAT
3. STATUS OF CONDITIONS OF SALE
3.1 Any person attending the Sale is deemed that they have read and understood these Conditions and shall make any bid on the basis of these Conditions.
3.2 The Auctioneers may supplement or supersede these Conditions in whole or part with special conditions applicable to a specific Sale or Lot which will be announced at the time of Sale
3.3 No employee or agent of the Auctioneers has any authority to vary these Condition.
4. ENTRY TO THE SALEGROUND
4.1 Any person entering the Saleground does so at their own risk
4.2 Any person entering the Saleground must comply with the requirements of all health and safety notices
4.3 The Auctioneers reserve the right to refuse admission to any person or entry of any Lot(s) into the Saleground without giving reason.
5. VALUE ADDED TAX ON PURCHASE PRICE
5.1 VAT at the standard rate will be added to the purchase price of all Lots. The only exceptions to this will be the case of “zero rated” or “exempt” Lots. The Auctioneers will state at the time of Sale if any Lots fall within these exceptions.
5.2.1 In the case of overseas Purchasers from EC Countries, they will be required to supply the Auctioneers with their VAT/FISCAL NUMBER AND OTHER RELEVANT INFORMATION REQUESTED (i.e. copy of VAT registration certificate) in order that the items may be invoiced at zero rate for VAT purposes. Where THIS INFORMATION IS NOT MADE AVAILABLE or where the Purchaser is not VAT registered, VAT at the standard rate will be charged in addition to the purchase price of all relevant Lots. THIS AMOUNT WILL NOT BE RECOVERABLE. It is the responsibility of overseas purchasers from EC countries to ensure that they or their haulier complete and sign a “COLLECTION CERTIFICATE” at the Auctioneers office on collection of goods purchased. Failure to do so will result in VAT becoming payable at the standard UK rate and this VAT WILL NOT BE RECOVERABLE.
5.2.2 In the case of overseas Purchasers from Non EC countries, they will be required to pay a VAT deposit equivalent to the standard UK rate of VAT. Such amount will be refunded to the Overseas Purchaser if the Auctioneers receive within three months of “the time of supply” a satisfactory Bill of Lading or Certificate of Shipment as proof of shipment of the Lots outside the EC, failing which the VAT deposit will be paid over to Customs & Excise as VAT.T&Cs Jul14.qxp9_Layout 1 19/06/2014 12:05 Page 2
6. RESERVE PRICE AND BIDDING
6.1 The Auctioneers and/or the Vendor reserve the right to fix a Reserve Price for any Lot and withdraw that lot in the event that the highest bid does not meet the reserve.
6.2 The Vendor may bid for any Lot either personally or through the Auctioneers or through any other person as many times as the Vendor thinks fit and may withdraw any Lot at any time before the sale of such Lot.
6.3 The Auctioneers may without giving any reason refuse to accept bidding of any person. In the case of a dispute as to any bid, the auctioneers may forthwith determine the dispute or put up the Lot again at the last undisputed bid or withdraw the Lot.
6.4 No person may advance less at a bid than a sum to be named from time to time by the Auctioneers nor be allowed to retract a bid.
6.5 Bids shall be made exclusive of any VAT or Service Charge/Buyers Premium which may apply
7. AUCTIONEERS AS AGENT FOR VENDOR
7.1 The parties to the contract of sale are the Vendor and Purchaser
7.2 The Auctioneers sell as Agent for the Vendor and as such are not responsible for any default by the Vendor or Purchaser.
7.3 In the event that a purchaser fails to pay the purchase price for the Lot i