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    • Click here for Cheffins T&C
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      Click here for Watts & Associates (Auctioneers) Ltd T&C

      Cheffins T&C

      BUYERS CONDITIONS OF SALE

      1. DEFINITIONS

      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.

      2.3 Definitions:

      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 in accordance with these Conditions and the Auctioneers have previously advanced to the Vendor of such Lot an amount representing such purchase price the Vendor shall forthwith at the request of the Auctioneers assign all and any of his rights against the Purchaser in respect of the unpaid purchase price to the Auctioneers and shall execute such documents as may be required by the Auctioneers to give effect to such assignment and further, shall give reasonable co-operation to the Auctioneers in any action, claim or proceeding brought or threatened by the Auctioneers against the Purchaser.

      8. REMOVAL OF LOTS FROM SALEGROUND

      8.1 All Lots whether sold or unsold may not be removed from the Saleground without a pass for the removal of Lots. Passes can be obtained from the Auctioneers office. All Lots must be checked out by the Security Staff.

      8.3 All Lots purchased must be cleared from the Saleground within 14 days of the date of the Sale in which they were purchased unless alternative arrangements have been made with the auctioneers

      8.4 Any Lot which (without the express written consent of the Auctioneers) has not been collected within 6 calendar months from the day on which it was sold or last offered for sale will be deemed to be abandoned and the auctioneers will be entitled to dispose of such abandoned Lots at their unfettered discretion. For the avoidance of doubt, any monies arising from such disposal(s) will be paid to and retained by the

      Auctioneers.

      9. DETAILS OF PURCHASERS

      All Purchasers are required to register before the auction at the Auctioneers Office, whether or not the Lots which they purchase are to be removed on the day of the Sale.

      10. EXCLUSION OF LIABILITY

      10.1 The Auctioneers shall not be liable for any expense, loss, claim or proceedings in any respect of any loss or damage whatsoever to any property real or personal (including all Lots which remain at the Vendor’s risk until risk passes to the Purchaser in accordance with clause 18.3 below) whether incurred before, during or after the Sale.

      10.2 The Auctioneers shall not be liable for any expense, loss, claim or proceedings in respect of personal injury to or death of any person arising out of or in the course of or caused by the Sale, except to the extent that the same is due to the negligence of the Auctioneers, their servants or agents.

      11. PAYMENT

      11.1 All Lots must be paid on the day of the Sale by the Purchaser. All lots purchased through Cheffins Internet bidding must be paid within 1 week of the relevant sale day.

      11.2 As provided by the Late Payment of Commercial Debts (Interest) Act 1998, the Auctioneers reserve the right to charge the Purchaser(s) interest at 8% above the prevailing base rate set at that time by the Bank of England for any unpaid account.

      11.3 If an account remains unpaid and legal action is taken the auctioneers reserve the right to demand in full from the purchaser all legal and professional fees owing from such action.

      12. INSPECTION OF GOODS

      All Lots are sold with all faults and imperfections and errors of description. Purchasers should satisfy themselves prior to the sale of the Lots 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. 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.

      13. REPLACEMENT OR ALTERATION OF LOTS

      Any Lot in the Sale marked with a Lot number followed by an “X” denotes that the description of that particular Lot is different from the original Lot as shown in the catalogue. This Lot may be a replacement

      T&Cs Jul14.qxp9_Layout 1 19/06/2014 12:05 Page 3

      of the original as catalogued or there maybe an alteration of it’s description. Therefore, any items marked with a Lot number followed by an “X” must not be connected with the original Lot number in the catalogue and its description will be absolutely as given out by the Auctioneer at the time of the Sale.

      The addition of an “X” to a Lot will cancel the original entry as shown in the catalogue.

      14. AUCTIONEERS’ RIGHT TO ANNUL SALES

      In the event of any dispute or refusal to pay or of non-payment of the part of the Purchaser, the Auctioneers may, entirely at their discretion, annul and cancel the sale of such Lot or Lots.

      15. 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 authorisations necessary before such vehicle or trailer can be used on the road.

      16. HEALTH AND SAFETY AT WORK ACT 1974 AND ALL OTHER ACTS AND REGULATIONS APPLICABLE TO

      FARM SAFETY

      16.1 The Purchaser of any Lot(s) is responsible for complying with all legal requirements as to the safe use of Lot(s) purchased at the Sale and shall ensure compliance with all relevant legislation relating to the safe use of Lot(s).

      16.2 The Auctioneers description and knowledge of the Lot(s) is initially dependant on the information provided by the Vendor. The Auctioneer does not carry out exhaustive due diligence on each Lot(s). The information supplied about the Lot(s) is not a representation of fact but a statement of opinion on the basis of the evidence reasonably available. Purchasers acknowledge these points and accept responsibility for carrying out inspections and investigations to satisfy themselves as to the Lot(s) in which they may be interested.

      16.3 Where the Vendor has declared any health and safety issues regarding a Lot or the Auctioneers have become aware of any such issues, details of the matter will be given out at the time of sale by the Auctioneer

      16.4 It will be the Purchasers responsibility to satisfy themselves as to the health and safety matters. Bidders including the Purchaser acknowledge that Lots have generally been used and many are of an age and type which means they are not in perfect working condition. As such they may not comply with current health and safety legislation and may have faults not expressly referred to in the catalogue or the other information that may be available on individual Lots from the Auctioneers.

      16.5 The Purchaser must satisfy himself prior to bidding for any Lot as to its condition and should exercise and rely on his own judgement as to whether the Lot accords with its description. The Auctioneers shall have no liability for the accuracy of the description of any Lot. Unless otherwise stated, no warranty is given by the Auctioneers to the Purchaser in respect of any Lot and any express or implied conditions or warranties are excluded to the fullest extent permitted by law. It is the Purchasers responsibility to check the Lot and ensure that its subsequent use is compliant and that identified health and safety concerns are rectified.

      17. TRADES DESCRIPTION ACT 1968

      The Vendor is reminded that under the terms of the Trade Description Act 1968 the Vendor of any Lots to which a false description is applied may be guilty of a criminal offence punishable by fine or imprisonment.

      18. RESERVATION OF TITLE

      18.1 If the Auctioneers allow the Purchaser to remove the Lot from the Saleground before the Purchaser has made full payment for the Lot then title to the Lot shall remain vested in the Vendor.

      18.2 If the Auctioneers pay the Vendor the price of the Lot before the purchaser has paid the price to the Auctioneers, title to the Lot shall pass to the Auctioneers and shall remain with the Auctioneers until full payment has been made by the Purchaser to the Auctioneers, when title shall pass to the Purchaser.

      18.3 Notwithstanding that the title has not passed to the Purchaser, the Purchaser will be solely responsible for the lots standing in the yard immediately upon sale (the fall of the hammer).

      18.4 The Purchaser shall until payment has been made in full keep the Lot in good marketable condition and

      readily identified and shall indemnify the Vendor or the Auctioneers as the case may be for any damage.

      18.5 In the event of any sale by the Purchaser of a Lot before full payment has been made the Purchaser shall hold the proceeds of such sale on trust for the Vendor or the Auctioneer (as the case may be) and shall pay such proceeds into a separate identifiable bank account.

      18.6 At the time before the title to the Lot has passed to the Purchaser, the Vendors or the Auctioneers (as the case may be) including the Auctioneers acting as agents for the Vendor, shall have the right to enter upon the Purchasers property for the purposes of recovering the Lot.

      19. GOVERNING LAW AND JURISDICTION

      For the avoidance of doubt all contracts entered into between the Purchaser and Vendor and between either of them and the Auctioneers on the basis of these standard terms and condition of business are governed by the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.

      CHEFFINS Auctioneers JULY 2014

       

       

       

       

       

       

       Watts & Associates (Auctioneers) Ltd

       

      IMPORTANT INFORMATION:

      Please make sure that you have read and understood the terms and conditions of this auction before signing up to bid and read all additional information including payment and collection dead-lines specific to this auction. There are no warranties or guarantees given on any of the equipment in this auction. Hour clocks, conditions of batteries, mechanical condition etc cannot be verified and should not be relied upon as being in working order. All lots are sold as is and pre-sale viewing is essential. This is a trade-only auction.

       

      THE CATALOGUE DESCRIPTION IS A GUIDE ONLY

      While we have taken a great deal of care and attention in presenting the items for sale in an accurate manner we do highly recommend that you take advantage of the viewing day to inspect the equipment beforehand and satisfy yourself that what you are bidding for is as described. If you are unable to preview the equipment it is advisable to check all available photo's for YOM's & serial numbers etc.  There are no warranties or guarantees given or implied by the auctioneer, Watts & Associates, the vendor or the catalogue. Where abbreviations such as 'RDL' (runs, drives, lifts) and 'R + D' (runs & drives) are used in the description, it is purely as an observation only. By bidding on the item/s we assume that you are satisfied with your pre-sale checks and will do so accordingly.

       

      VAT charged on all lots otherwise stated at 20%

      Viewing: Please check important information or contact the auctioneers before making your journey to the auction site/s. Designated viewing times are Payments: Without exception, all accounts must be settled in full by the close of trade on the date outlined under specific auction details. We accept bank transfer (details will be sent on the Monday following the sale), chip and pin or cash. Please note that we will not take a direct payment from your card or accept remote payments by telephone. All items must be paid for before removal. Penalties & charges will be imposed at the auctioneer’s discretion if payment falls outside the time limits set by the auctioneers

       

      Removal: All items must be removed from site/s within the time-scales outlined in the auction information. Penalties & charges will be imposed at the auctioneer’s discretion if collection falls outside the time limits set by the auctioneers

      Please contact the auctioneers prior to the auction finishing if you have any queries regarding an item of equipment, payments and removals or terms and conditions of this sale.

      IF YOU ARE UNSURE OR HAVE ANY QUERIES PLEASE CONTACT THE AUCTIONEERS 01226 247591

       

       

       

       

      TERMS & CONDITIONS:

       

       All of the equipment is in the ownership of the vendor. Watts & Associates therefore do not take any title to the equipment and is acting as a third party agent only.

       

      Before you do anything else, please take some time and care to read through the following TERMS & CONDITIONS and make sure you understand all of the points made and raised.

       

      TERMS & CONDITIONS MAINLY EFFECTING THE BUYER

       

      Registration

      If you are intending to buy in this auction, you will need to register. If you are bidding through the internet and a new user to i-bidder, you will need to register with i-bidder for the first time. If you are an existing i-bidder user, you will need to register for this auction specific. Remember, that by clicking the box “I have read and understand the terms and conditions of this sale” during the registration process, you are adhering to those terms and conditions. At this point we will assume that you have read and understood the terms and conditions.

      The Auctioneers have absolute discretion without giving any reason to refuse admission to any person.

       

      Deposit

      Persons unknown by the auctioneers may be required to pay a refundable deposit of £500 at the time of registration. Overseas buyers may be required to pay £2,000. If you are paying by credit card, be aware that there will be a none-refundable charge of 3% payable at the point of refund.

       

      Pre-Sale Viewing

      A pre-auction viewing is recommended. You can inspect all of these machines from the auction site from 9.00am to 5.00pm on the day before the auction.

      None competent operators are prohibited to test any items of equipment in this sale.

      If you require any assistance with the starting of machines or have any queries regarding a lotted item, please ask a member of our auction team before the item is sold and not afterwards. Keys are available from the key van and there are fitters and mechanics on site.

      The plugging in of electrical items directly in to the mains power to test is strictly prohibited. Never test an item of larger machinery on your own. Make sure that the area around the machine is clear and always seek a second person to act as a Banksman.

      Any inspections and/or testing are done so completely at your own risk. If you cause any injury whatsoever to another person or yourself during testing, you will be held liable.

       

       

       

       

       

       

       

      Warranties & Guarantees

      There are no warranties or guarantees given or implied on any items in this auction neither by the auctioneers, the catalogue nor by the vendor. Once you have won the lot, you are committed to pay for that lot in full. Abbreviations in the description, Eg. (R&D) (Runs & Drives) are given as an observation only. Abbreviations do not imply any form of guarantee or warranty. All items are sold with all of their faults, incompleteness and imperfections. If you have not inspected the equipment, assume that it does not run, it is in an unsafe state and unfit for immediate use or beyond repair.

      This is a trade only auction, by clicking the box to accept our terms and conditions you are also confirming that you are a trader and not a consumer. The Consumer Act 1979 (as amended does not apply to this auction).

       

      General

      Where lots follow a suit, the auctioneer will offer the first lot and then give the winning buyer the option to take as many as he or she likes (but in lot order unless otherwise stated beforehand by the auctioneer).

      The highest bidder shall be the Buyer. Any dispute as to any bid shall be settled at the Auctioneers` absolute discretion. In particular the Auctioneers may: -

       

      a) determine the amount of advance at each bid

      b) refuse any bid

      c) withdraw any Lot from the auction

      d) put up any Lot for auction again

       

      Responsibility of the Buyer

      The winning bidder enters in to a contract with Watts & Associates (Auctioneers) Limited to pay for the item/s from the point of purchase.

      All items become the responsibility of the buyer on the `fall of the hammer` (at the point of purchase). We recommend that the buyer make any required insurance arrangements straight away. Lots are at the Seller`s risk up to the time of sale and the Buyer`s risk after that. If Lots are demonstrated to prospective Buyers this is done at the Seller`s risk. The Auctioneers accept no responsibility for loss or damage no matter how it arises. Title does not pass to the buyer until the item has been sold.

      The Buyer of any lot is responsible for complying with all legal requirements as to the construction and use of that Lot and for obtaining all Authorisations necessary before the Lot can be used. It is a condition of sale that any necessary work is carried out (and in particular that any motor vehicles are made roadworthy) before the Lot is used.

       

      Buyers Premium

      A buyer’s premium will by charged on top of the hammer price plus VAT (see auction details for the % rate chargeable) An internet surcharge will be chargeable for bidders wishing to buy items using the internet bidding platform

       

       

       

       

       

       

      Payments

      Without exception, all items must be paid for in full by the close of trade Monday following the auction day.

      (i)Payments will be accepted by cash up to £9,500

      (ii) Debit or credit card (please be aware that all credit card transactions carry a 3% surcharge

      (ii) Company or personal cheque and cashiers cheque/bankers draft (please note that cheques including cashiers cheques must clear before items can be removed).

      (iv) Chaps/direct transfer

      (We will not accept any payments of cash paid directly in to our account, or remote card payments made over the telephone).

      In all cases, monies must be cleared before items can be removed.

      There is no transferring of items between buyers. You pay for what you buy.

      None EC exporters must pay the full amount including the VAT until such a valid bill of laden is produced as proof that the items have been exported. EC exporters are required to produce a fully validated country of origin VAT number and CMR document.

       

      Removal

      Items from the main building will not be released at the earliest until all of the shelves have been sold and elsewhere where it will not cause disruption to the auction process or pose a threat to public safety. All items must be removed from the site before the close of trade Friday after the sale day (1 week)

      Storage charges will apply to all items not removed from this auction site after 2 weeks. They are charged at £50 per pallet (1 pallet minimum charge) per week.

       

      General

      Where lots follow a suit, the auctioneer will offer the first lot and then give the winning buyer the option to take as many as he or she likes (but in lot order unless otherwise stated beforehand by the auctioneer)

      The auctioneer reserves the right to settle any dispute as he or she sees fit. The auctioneer’s decision is final.

       

      Health & Safety

      We do discourage children under 16 being on the auction site. If you do have children with you, you must supervise them at all times. Running around and climbing on machines will not be tolerated and you will be asked to leave.

      We ask you to be safety conscious at all times particularly while inspecting items of machinery for sale. Tampering with machinery and theft of items will not be tolerated and anyone who is caught doing so will be asked to leave. Any evidence will be passed forward to the relevant authorities for the purpose of prosecution.

       

       

       

       

       

      TERMS & CONDITIONS MAINLY EFFECTING THE SELLER

      The Auctioneers reserve the right to refuse to accept for sale any Lot.

       

      The Auctioneers shall be entitled to a commission on the price at which the Lot is sold in accordance with their published scale of charges. Payment shall be made at the time of sale. The Seller authorises the Auctioneers to deduct commission from the sale price. In addition the Auctioneers reserve the right to charge a commission to the Buyer on the purchase price in accordance with their published scale of charges. If any Lot is entered for sale and is sold by the Seller to any person attending the sale that sale shall be deemed to have been effected by the Auctioneers as Agents for the Seller and full commission will be payable. The Seller shall at his own expense take away all unsold Lots not later than 5 p.m. on the next working day. In default of this storage will be charged in accordance with the Auctioneers` Standard Scale of Charges.

       

      No Lot will be accepted for sale unless the appropriate Entry Form has been fully completed. The particulars given on the Entry Form and the description of the Lot contained in it form the basis of the Contract between the Seller and the Auctioneers and the Auctioneers shall not be liable to account to the Seller for any loss which may arise through the use of such particulars or description in any sale. At the request of the Seller the Auctioneers may complete and sign the Entry Form on the Seller`s behalf. The Auctioneers accept no liability to either Seller or Buyer for any loss which may arise as a result.

       

      If a Reserve Price is not stated in the appropriate place on the Entry Form the Lot will be sold without Reserve. Notwithstanding any indication to the contrary on the Entry Form (e.g. "NETT", "CLEAR") the Auctioneer has authority to sell at the price stated on the Entry Form.

       

      If a reserve price is nominated, unless otherwise stated as (“Firm”) on the entry form. The auctioneer will at his/her own discretion reserve the right to sell that item at 90% of the nominated reserve price (up to £500) 95% (up to £5,000) and 97.5% (over £5,000).

       

      Minimum reserve price per item is £50.

       

      Any unsold items that are “rolled over” to the next auction and carry a reserve of £100 and less, will be automatically sold in the following auction without reserve.

       

      A Lot will not be released until it has been offered for sale by the Auctioneers or the Auctioneers have ceased selling for the day. If any lot fails to sell by Auction the Auctioneers reserve the right to re-offer the Lot for sale by auction or to sell by private treaty at the Reserve Price or such other price as may be agreed by the Seller. Commission shall be payable in accordance with the provisions of Condition 15.

       

      Where any Lot is found to be subject to a hire purchase, leasing or similar agreement the Auctioneers reserve the right to discharge the existing liability and to remit the balance, if any, to the Seller.

       

      The Auctioneers may, at their discretion, make enquiries as to the title to any Lot. They shall not be under any duty to either Seller or Buyer to make such enquiries or to disclose to any person the result of any enquiries.

       

      Definitions

       

      a) "Seller" includes the owner of the Lot and any other person offering the lot to the Auctioneers for sale whether authorised by the owner or not.

      b) "Buyer" includes the highest bidder, the person to whom a Lot is sold by private treaty, the person declared by the Auctioneers as being the Buyer and the principal of any of the above if they are acting as agents.

      c) "Sale" includes a sale by private treaty.

      d) "Lot" includes all Lots entered for sale whether by public auction or by private treaty.

      e) The expressions "Seller", "Buyer", and "Auctioneers" include where appropriate their employees and agents.

       

       

      AUCTIONS (BIDDING AGREEMENTS) ACT 1927, ss1-4

       

      1.Certain bidding agreements to be illegal

      (1)If any dealer agrees to give, or gives, or offers any gift or consideration to any other person as an inducement or reward for abstaining, or for having abstained, from bidding at a sale by auction either generally or for any particular lot, or if any person agrees to accept, or accepts, or attempts to obtain from any dealer any such gift or consideration as aforesaid, he shall be guilty of an offence under this Act, and shall be liable on summary conviction to a fine not exceeding the statutory maximum, or to a term of imprisonment for any period not exceeding six months, or to both such fine and such imprisonment.

       

      Provided that, where it is proved that a dealer has previously to an auction entered into an agreement in writing with one or more persons to purchase goods at the auction bona fide on a joint account and has before the goods were purchased at the auction deposited a copy of the agreement with the auctioneer, such an agreement shall not be treated as an agreement made in contravention of this section.

      (2)For the purpose of this section the expression ‘dealer’ means a person who in the normal course of his business attends sales by auction for the purpose of purchasing goods with a view to reselling them.

      (3)In England and Wales a prosecution for an offence under this section shall not be instituted without the consent of the Attorney-General or the Solicitor-General.

       

      2.Right of vendors to treat certain sales as fraudulent

      Any sale at an auction, with respect to which any such agreement or transaction as aforesaid has been made or effected, and which has been the subject of a prosecution and conviction, may, as against a purchaser who has been party to such agreement or transaction, be treated by the vendor as a sale induced by fraud:

      Provided that a notice or intimation by the vendor to the auctioneer that he intends to exercise such power in relation to any sale at the auction shall not affect the obligation of the auctioneer to deliver the goods to the purchaser.

       

       

      3.Copy of Act to be exhibited at sale

      The particulars which under section seven of the Auctioneers Act 1845, are required to be affixed or suspended in some conspicuous part of the room or place where the auction is held shall include a copy of this Act, and that section shall have effect accordingly.

       

      4.Short title, commencement and extent

      (1)This Act may be cited as the Auctions (Bidding Agreements) Act 1927...

      (2) This Act shall not extend to Northern Ireland.

      Watts & Associates (Auctioneers) Ltd

      May 2013

       

       

      AUCTIONS (BIDDING AGREEMENTS) ACT 1969 ss1-5

       

      1.Offences under Auctions (Bidding Agreements) Act 1927 to be indictable as well as triable summarily, and extension of time for bringing summary proceedings

      (1)Offences under section 1 of the Auctions (Bidding Agreements) act 1927 (which, as amended by the Criminal Justice Act 1967, renders a dealer who agrees to give, or gives, or offers a gift or consideration to another as an inducement or reward for abstaining, or for having abstained from bidding at a sale by auction punishable on summary conviction with a fine not exceeding the statutory maximum or imprisonment for a term not exceeding six months, or both, and renders similarly punishable a person who agrees to accept, or accepts, or attempts to obtain from a dealer any such gift or consideration as aforesaid) shall be triable on indictment as well as summarily; and the penalty that may be imposed on a person on conviction on indictment of an offence under that section shall be imprisonment for a term not exceeding two years or a fine or both.

       

      (5) This section applies only to offences committed after the commencement of this Act.

      2.Persons convicted not to attend or participate in auctions

      (1)On any such summary conviction or conviction on indictment as is mentioned in section 1 above, the court may order that the person so convicted or that person and any representative of him shall not (without leave of the court) for a period from the date of such conviction -

       

      (a)in the case of a summary conviction, of not more than one year, or

      (b)in the case of a conviction on indictment, of not more than three years,

       

      enter upon any premises where goods intended for sale by auction are on display or to attend or participate in any way in any sale by auction.

      (2)In the event of a contravention of an order under this section, the person who contravenes it (and, if he is the representative of another, that other also) shall be guilty of an offence and liable -

       

      (a)on summary conviction, to a fine not exceeding the statutory maximum;

      (b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

       

      (3)In any proceedings against a person in contravention of an order under this section consisting in the entry upon premises where goods intended for sale by auction were on display, it shall be a defence for him to prove that he did not know, and had no reason to suspect, that goods so intended were on display on the premises, and in any proceedings against a person in contravention of such an order consisting in him having done something as the representative of another, it shall be a defence for him to prove that he did not know, and had no reason to suspect, that that other was the subject of such an order.

      (4)A person shall not be guilty of an offence under this section by reason only of his selling property by auction or causing it to be so sold.

       

      3.Right of seller of goods by auction where agreement subsists that some person shall abstain from bidding for the goods

      (1)Where goods are purchased at an auction by a person who has entered into an agreement with another or others that the other or others (or some of them) shall abstain from bidding for the goods (not being an agreement to purchase the goods bona fide on a joint account) and he or the other party, or one of the other parties, to the agreement is a dealer, the seller may avoid the contract under which the goods are purchased.

      (2)Where a contract is avoided by virtue of the foregoing subsection, then, if the purchaser has obtained possession of the goods and restitution thereof is not made, the persons who were parties to the agreement that one or some of them should abstain from bidding for the goods the subject of the contract shall be jointly and severally liable to make good to the seller the loss (if any) he sustained by reason of the operation of the agreement.

      (3)Subsection (1) above applies to a contract made after the commencement of this Act whether the agreement as to the abstention of a person or persons from bidding for the goods the subject of the contract was made before or after that commencement.

      (4)Section 2 of the Auctions (Bidding Agreements) Act 1927 (right of vendors to treat certain sales as fraudulent) shall not apply to a sale the contract for which is made after the commencement of this Act.

      (5)In this section, ‘dealer’ has the meaning assigned to it by section 1(2) of the Auctions (Bidding Agreements) Act 1927.

       

      4.Copy of the Act to be exhibited at sale

      Section 3 of the Auction (Bidding Agreements) Act 1927 (copy of Act to be exhibited at sale) shall have effect as if the reference to that Act included a reference to this Act.

      5.Short title, commencement and extent

      (1)This Act may be cited as the Auctions (Bidding Agreements) Act 1969.

      (2)This Act shall come into force at the expiration of one month beginning with the day on which it is passed.

      (3)This Act shall not extend to Northern Ireland.

       

       

       Watts & Associates (Auctioneers) Ltd                                                    

       

       2017

       

      watts T&C

      IMPORTANT INFORMATION:

      Please make sure that you have read and understood the terms and conditions of this auction before signing up to bid and read all additional information including payment and collection dead-lines specific to this auction. There are no warranties or guarantees given on any of the equipment in this auction. Hour clocks, conditions of batteries, mechanical condition etc cannot be verified and should not be relied upon as being in working order. All lots are sold as is and pre-sale viewing is essential. This is a trade-only auction.

       

      THE CATALOGUE DESCRIPTION IS A GUIDE ONLY

      While we have taken a great deal of care and attention in presenting the items for sale in an accurate manner we do highly recommend that you take advantage of the viewing day to inspect the equipment beforehand and satisfy yourself that what you are bidding for is as described. If you are unable to preview the equipment it is advisable to check all available photo's for YOM's & serial numbers etc.  There are no warranties or guarantees given or implied by the auctioneer, Watts & Associates, the vendor or the catalogue. Where abbreviations such as 'RDL' (runs, drives, lifts) and 'R + D' (runs & drives) are used in the description, it is purely as an observation only. By bidding on the item/s we assume that you are satisfied with your pre-sale checks and will do so accordingly.

       

      VAT charged on all lots otherwise stated at 20%

      Viewing: Please check important information or contact the auctioneers before making your journey to the auction site/s. Designated viewing times are Payments: Without exception, all accounts must be settled in full by the close of trade on the date outlined under specific auction details. We accept bank transfer (details will be sent on the Monday following the sale), chip and pin or cash. Please note that we will not take a direct payment from your card or accept remote payments by telephone. All items must be paid for before removal. Penalties & charges will be imposed at the auctioneer’s discretion if payment falls outside the time limits set by the auctioneers

       

      Removal: All items must be removed from site/s within the time-scales outlined in the auction information. Penalties & charges will be imposed at the auctioneer’s discretion if collection falls outside the time limits set by the auctioneers

      Please contact the auctioneers prior to the auction finishing if you have any queries regarding an item of equipment, payments and removals or terms and conditions of this sale.

      IF YOU ARE UNSURE OR HAVE ANY QUERIES PLEASE CONTACT THE AUCTIONEERS 01226 247591

       

       

       

       

      TERMS & CONDITIONS:

       

       All of the equipment is in the ownership of the vendor. Watts & Associates therefore do not take any title to the equipment and is acting as a third party agent only.

       

      Before you do anything else, please take some time and care to read through the following TERMS & CONDITIONS and make sure you understand all of the points made and raised.

       

      TERMS & CONDITIONS MAINLY EFFECTING THE BUYER

       

      Registration

      If you are intending to buy in this auction, you will need to register. If you are bidding through the internet and a new user to i-bidder, you will need to register with i-bidder for the first time. If you are an existing i-bidder user, you will need to register for this auction specific. Remember, that by clicking the box “I have read and understand the terms and conditions of this sale” during the registration process, you are adhering to those terms and conditions. At this point we will assume that you have read and understood the terms and conditions.

      The Auctioneers have absolute discretion without giving any reason to refuse admission to any person.

       

      Deposit

      Persons unknown by the auctioneers may be required to pay a refundable deposit of £500 at the time of registration. Overseas buyers may be required to pay £2,000. If you are paying by credit card, be aware that there will be a none-refundable charge of 3% payable at the point of refund.

       

      Pre-Sale Viewing

      A pre-auction viewing is recommended. You can inspect all of these machines from the auction site from 9.00am to 5.00pm on the day before the auction.

      None competent operators are prohibited to test any items of equipment in this sale.

      If you require any assistance with the starting of machines or have any queries regarding a lotted item, please ask a member of our auction team before the item is sold and not afterwards. Keys are available from the key van and there are fitters and mechanics on site.

      The plugging in of electrical items directly in to the mains power to test is strictly prohibited. Never test an item of larger machinery on your own. Make sure that the area around the machine is clear and always seek a second person to act as a Banksman.

      Any inspections and/or testing are done so completely at your own risk. If you cause any injury whatsoever to another person or yourself during testing, you will be held liable.

       

       

       

       

       

       

       

      Warranties & Guarantees

      There are no warranties or guarantees given or implied on any items in this auction neither by the auctioneers, the catalogue nor by the vendor. Once you have won the lot, you are committed to pay for that lot in full. Abbreviations in the description, Eg. (R&D) (Runs & Drives) are given as an observation only. Abbreviations do not imply any form of guarantee or warranty. All items are sold with all of their faults, incompleteness and imperfections. If you have not inspected the equipment, assume that it does not run, it is in an unsafe state and unfit for immediate use or beyond repair.

      This is a trade only auction, by clicking the box to accept our terms and conditions you are also confirming that you are a trader and not a consumer. The Consumer Act 1979 (as amended does not apply to this auction).

       

      General

      Where lots follow a suit, the auctioneer will offer the first lot and then give the winning buyer the option to take as many as he or she likes (but in lot order unless otherwise stated beforehand by the auctioneer).

      The highest bidder shall be the Buyer. Any dispute as to any bid shall be settled at the Auctioneers` absolute discretion. In particular the Auctioneers may: -

       

      a) determine the amount of advance at each bid

      b) refuse any bid

      c) withdraw any Lot from the auction

      d) put up any Lot for auction again

       

      Responsibility of the Buyer

      The winning bidder enters in to a contract with Watts & Associates (Auctioneers) Limited to pay for the item/s from the point of purchase.

      All items become the responsibility of the buyer on the `fall of the hammer` (at the point of purchase). We recommend that the buyer make any required insurance arrangements straight away. Lots are at the Seller`s risk up to the time of sale and the Buyer`s risk after that. If Lots are demonstrated to prospective Buyers this is done at the Seller`s risk. The Auctioneers accept no responsibility for loss or damage no matter how it arises. Title does not pass to the buyer until the item has been sold.

      The Buyer of any lot is responsible for complying with all legal requirements as to the construction and use of that Lot and for obtaining all Authorisations necessary before the Lot can be used. It is a condition of sale that any necessary work is carried out (and in particular that any motor vehicles are made roadworthy) before the Lot is used.

       

      Buyers Premium

      A buyer’s premium will by charged on top of the hammer price plus VAT (see auction details for the % rate chargeable) An internet surcharge will be chargeable for bidders wishing to buy items using the internet bidding platform

       

       

       

       

       

       

      Payments

      Without exception, all items must be paid for in full by the close of trade Monday following the auction day.

      (i)Payments will be accepted by cash up to £9,500

      (ii) Debit or credit card (please be aware that all credit card transactions carry a 3% surcharge

      (ii) Company or personal cheque and cashiers cheque/bankers draft (please note that cheques including cashiers cheques must clear before items can be removed).

      (iv) Chaps/direct transfer

      (We will not accept any payments of cash paid directly in to our account, or remote card payments made over the telephone).

      In all cases, monies must be cleared before items can be removed.

      There is no transferring of items between buyers. You pay for what you buy.

      None EC exporters must pay the full amount including the VAT until such a valid bill of laden is produced as proof that the items have been exported. EC exporters are required to produce a fully validated country of origin VAT number and CMR document.

       

      Removal

      Items from the main building will not be released at the earliest until all of the shelves have been sold and elsewhere where it will not cause disruption to the auction process or pose a threat to public safety. All items must be removed from the site before the close of trade Friday after the sale day (1 week)

      Storage charges will apply to all items not removed from this auction site after 2 weeks. They are charged at £50 per pallet (1 pallet minimum charge) per week.

       

      General

      Where lots follow a suit, the auctioneer will offer the first lot and then give the winning buyer the option to take as many as he or she likes (but in lot order unless otherwise stated beforehand by the auctioneer)

      The auctioneer reserves the right to settle any dispute as he or she sees fit. The auctioneer’s decision is final.

       

      Health & Safety

      We do discourage children under 16 being on the auction site. If you do have children with you, you must supervise them at all times. Running around and climbing on machines will not be tolerated and you will be asked to leave.

      We ask you to be safety conscious at all times particularly while inspecting items of machinery for sale. Tampering with machinery and theft of items will not be tolerated and anyone who is caught doing so will be asked to leave. Any evidence will be passed forward to the relevant authorities for the purpose of prosecution.

       

       

       

       

       

      TERMS & CONDITIONS MAINLY EFFECTING THE SELLER

      The Auctioneers reserve the right to refuse to accept for sale any Lot.

       

      The Auctioneers shall be entitled to a commission on the price at which the Lot is sold in accordance with their published scale of charges. Payment shall be made at the time of sale. The Seller authorises the Auctioneers to deduct commission from the sale price. In addition the Auctioneers reserve the right to charge a commission to the Buyer on the purchase price in accordance with their published scale of charges. If any Lot is entered for sale and is sold by the Seller to any person attending the sale that sale shall be deemed to have been effected by the Auctioneers as Agents for the Seller and full commission will be payable. The Seller shall at his own expense take away all unsold Lots not later than 5 p.m. on the next working day. In default of this storage will be charged in accordance with the Auctioneers` Standard Scale of Charges.

       

      No Lot will be accepted for sale unless the appropriate Entry Form has been fully completed. The particulars given on the Entry Form and the description of the Lot contained in it form the basis of the Contract between the Seller and the Auctioneers and the Auctioneers shall not be liable to account to the Seller for any loss which may arise through the use of such particulars or description in any sale. At the request of the Seller the Auctioneers may complete and sign the Entry Form on the Seller`s behalf. The Auctioneers accept no liability to either Seller or Buyer for any loss which may arise as a result.

       

      If a Reserve Price is not stated in the appropriate place on the Entry Form the Lot will be sold without Reserve. Notwithstanding any indication to the contrary on the Entry Form (e.g. "NETT", "CLEAR") the Auctioneer has authority to sell at the price stated on the Entry Form.

       

      If a reserve price is nominated, unless otherwise stated as (“Firm”) on the entry form. The auctioneer will at his/her own discretion reserve the right to sell that item at 90% of the nominated reserve price (up to £500) 95% (up to £5,000) and 97.5% (over £5,000).

       

      Minimum reserve price per item is £50.

       

      Any unsold items that are “rolled over” to the next auction and carry a reserve of £100 and less, will be automatically sold in the following auction without reserve.

       

      A Lot will not be released until it has been offered for sale by the Auctioneers or the Auctioneers have ceased selling for the day. If any lot fails to sell by Auction the Auctioneers reserve the right to re-offer the Lot for sale by auction or to sell by private treaty at the Reserve Price or such other price as may be agreed by the Seller. Commission shall be payable in accordance with the provisions of Condition 15.

       

      Where any Lot is found to be subject to a hire purchase, leasing or similar agreement the Auctioneers reserve the right to discharge the existing liability and to remit the balance, if any, to the Seller.

       

      The Auctioneers may, at their discretion, make enquiries as to the title to any Lot. They shall not be under any duty to either Seller or Buyer to make such enquiries or to disclose to any person the result of any enquiries.

       

      Definitions

       

      a) "Seller" includes the owner of the Lot and any other person offering the lot to the Auctioneers for sale whether authorised by the owner or not.

      b) "Buyer" includes the highest bidder, the person to whom a Lot is sold by private treaty, the person declared by the Auctioneers as being the Buyer and the principal of any of the above if they are acting as agents.

      c) "Sale" includes a sale by private treaty.

      d) "Lot" includes all Lots entered for sale whether by public auction or by private treaty.

      e) The expressions "Seller", "Buyer", and "Auctioneers" include where appropriate their employees and agents.

       

       

      AUCTIONS (BIDDING AGREEMENTS) ACT 1927, ss1-4

       

      1.Certain bidding agreements to be illegal

      (1)If any dealer agrees to give, or gives, or offers any gift or consideration to any other person as an inducement or reward for abstaining, or for having abstained, from bidding at a sale by auction either generally or for any particular lot, or if any person agrees to accept, or accepts, or attempts to obtain from any dealer any such gift or consideration as aforesaid, he shall be guilty of an offence under this Act, and shall be liable on summary conviction to a fine not exceeding the statutory maximum, or to a term of imprisonment for any period not exceeding six months, or to both such fine and such imprisonment.

       

      Provided that, where it is proved that a dealer has previously to an auction entered into an agreement in writing with one or more persons to purchase goods at the auction bona fide on a joint account and has before the goods were purchased at the auction deposited a copy of the agreement with the auctioneer, such an agreement shall not be treated as an agreement made in contravention of this section.

      (2)For the purpose of this section the expression ‘dealer’ means a person who in the normal course of his business attends sales by auction for the purpose of purchasing goods with a view to reselling them.

      (3)In England and Wales a prosecution for an offence under this section shall not be instituted without the consent of the Attorney-General or the Solicitor-General.

       

      2.Right of vendors to treat certain sales as fraudulent

      Any sale at an auction, with respect to which any such agreement or transaction as aforesaid has been made or effected, and which has been the subject of a prosecution and conviction, may, as against a purchaser who has been party to such agreement or transaction, be treated by the vendor as a sale induced by fraud:

      Provided that a notice or intimation by the vendor to the auctioneer that he intends to exercise such power in relation to any sale at the auction shall not affect the obligation of the auctioneer to deliver the goods to the purchaser.

       

       

      3.Copy of Act to be exhibited at sale

      The particulars which under section seven of the Auctioneers Act 1845, are required to be affixed or suspended in some conspicuous part of the room or place where the auction is held shall include a copy of this Act, and that section shall have effect accordingly.

       

      4.Short title, commencement and extent

      (1)This Act may be cited as the Auctions (Bidding Agreements) Act 1927...

      (2) This Act shall not extend to Northern Ireland.

      Watts & Associates (Auctioneers) Ltd

      May 2013

       

       

      AUCTIONS (BIDDING AGREEMENTS) ACT 1969 ss1-5

       

      1.Offences under Auctions (Bidding Agreements) Act 1927 to be indictable as well as triable summarily, and extension of time for bringing summary proceedings

      (1)Offences under section 1 of the Auctions (Bidding Agreements) act 1927 (which, as amended by the Criminal Justice Act 1967, renders a dealer who agrees to give, or gives, or offers a gift or consideration to another as an inducement or reward for abstaining, or for having abstained from bidding at a sale by auction punishable on summary conviction with a fine not exceeding the statutory maximum or imprisonment for a term not exceeding six months, or both, and renders similarly punishable a person who agrees to accept, or accepts, or attempts to obtain from a dealer any such gift or consideration as aforesaid) shall be triable on indictment as well as summarily; and the penalty that may be imposed on a person on conviction on indictment of an offence under that section shall be imprisonment for a term not exceeding two years or a fine or both.

       

      (5) This section applies only to offences committed after the commencement of this Act.

      2.Persons convicted not to attend or participate in auctions

      (1)On any such summary conviction or conviction on indictment as is mentioned in section 1 above, the court may order that the person so convicted or that person and any representative of him shall not (without leave of the court) for a period from the date of such conviction -

       

      (a)in the case of a summary conviction, of not more than one year, or

      (b)in the case of a conviction on indictment, of not more than three years,

       

      enter upon any premises where goods intended for sale by auction are on display or to attend or participate in any way in any sale by auction.

      (2)In the event of a contravention of an order under this section, the person who contravenes it (and, if he is the representative of another, that other also) shall be guilty of an offence and liable -

       

      (a)on summary conviction, to a fine not exceeding the statutory maximum;

      (b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

       

      (3)In any proceedings against a person in contravention of an order under this section consisting in the entry upon premises where goods intended for sale by auction were on display, it shall be a defence for him to prove that he did not know, and had no reason to suspect, that goods so intended were on display on the premises, and in any proceedings against a person in contravention of such an order consisting in him having done something as the representative of another, it shall be a defence for him to prove that he did not know, and had no reason to suspect, that that other was the subject of such an order.

      (4)A person shall not be guilty of an offence under this section by reason only of his selling property by auction or causing it to be so sold.

       

      3.Right of seller of goods by auction where agreement subsists that some person shall abstain from bidding for the goods

      (1)Where goods are purchased at an auction by a person who has entered into an agreement with another or others that the other or others (or some of them) shall abstain from bidding for the goods (not being an agreement to purchase the goods bona fide on a joint account) and he or the other party, or one of the other parties, to the agreement is a dealer, the seller may avoid the contract under which the goods are purchased.

      (2)Where a contract is avoided by virtue of the foregoing subsection, then, if the purchaser has obtained possession of the goods and restitution thereof is not made, the persons who were parties to the agreement that one or some of them should abstain from bidding for the goods the subject of the contract shall be jointly and severally liable to make good to the seller the loss (if any) he sustained by reason of the operation of the agreement.

      (3)Subsection (1) above applies to a contract made after the commencement of this Act whether the agreement as to the abstention of a person or persons from bidding for the goods the subject of the contract was made before or after that commencement.

      (4)Section 2 of the Auctions (Bidding Agreements) Act 1927 (right of vendors to treat certain sales as fraudulent) shall not apply to a sale the contract for which is made after the commencement of this Act.

      (5)In this section, ‘dealer’ has the meaning assigned to it by section 1(2) of the Auctions (Bidding Agreements) Act 1927.

       

      4.Copy of the Act to be exhibited at sale

      Section 3 of the Auction (Bidding Agreements) Act 1927 (copy of Act to be exhibited at sale) shall have effect as if the reference to that Act included a reference to this Act.

      5.Short title, commencement and extent

      (1)This Act may be cited as the Auctions (Bidding Agreements) Act 1969.

      (2)This Act shall come into force at the expiration of one month beginning with the day on which it is passed.

      (3)This Act shall not extend to Northern Ireland.

       

       

       Watts & Associates (Auctioneers) Ltd                                                    

       

       2017

       

      Thimbleby & Shorland T&C

       
      CONDITIONS OF SALE

       

        1.  The highest bidder for each lot shall be the Purchaser and, in the event of any dispute, the Auctioneers shall have absolute discretion either to settle such dispute or to re-offer the lot immediately.

        2.  No person may advance less at a bid than a sum to be named from time to time by the Auctioneer, nor shall any bidding be retracted.  The Auctioneer may, without giving any reason therefor, refuse to accept the bidding of any person or persons.

         3. All lots are put up for sale subject to any reserve price placed by the Vendors, who may bid for any lot or lots, and may withdraw any lot or lots, either personally or through the Auctioneer or through any other person, as many times as they respectively may think fit.

        4.  Each Purchaser shall give his or her name and address in writing (if required) to the Auctioneer at the Sale and pay the full purchase money at the close of the Sale or, if required, the whole or a portion of the purchase money, as the Auctioneer may determine, during the course of the Sale.  If any Purchaser fails to comply with any of these conditions the lot or lots in respect of which such failure is made may, if the Auctioneer thinks fit, be put up again and resold.  If upon such resale a lower price is obtained for any such lot or lots than was obtained on the first sale the difference in price shall be a debt due from the Purchaser in default upon the first sale.

        5.  No lot or lots shall be removed from the premises until paid for, but each and every lot shall immediately at the fall of the hammer be considered as delivered and be and remain in every respect at the absolute risk of the respective Purchaser or Purchasers thereof, and shall be removed at the Purchaser’s expense after the conclusion of the Sale and taken with all faults or errors of description.

        6.  The Auctioneers act only as agents for the Vendor(s) and are not responsible for any default by either Vendor(s) or Purchaser.  In particular, they shall not be liable to pay the Vendor until payment is received from the Purchaser.

        7.  No undertaking of the Auctioneers or their employees to take charge of any lots after the sale or to forward them to their destination shall be held to impose upon the Auctioneers any legal obligation or vitiate any of the foregoing conditions.

        8.  Purchasers paying by cheque must be prepared, if required, to produce a banker’s reference.  The Auctioneers reserve the right in their sole discretion to refuse payment by cheque.

        9.  In all cases of transfer the original Purchaser shall be held responsible for the purchase money.

      10.  The Auctioneer reserves the right to withdraw or divide any lot or to combine any two or more lots at his sole discretion and to sell in such order as he may think fit.

      11.  The Auctioneers have described the lots to the best of their ability and belief from information furnished by the Vendors who shall be alone responsible for any error or mis-statement, which there may be.  The Auctioneers undertake no liability whatever in respect of any faults, deficiencies and errors of any description, oral or printed, nor do they accept responsibility for the authenticity, genuineness, origin, age, condition or quality of any lot and all statements as to these matters whether contained in the catalogue or made orally are statements of opinion only and are not to be taken as being or implying a statement or representation of fact.  Any intending Purchaser must satisfy himself by inspection or otherwise as to the correctness of each such statement.  The Vendor does not make or give and neither the Auctioneers, nor any person in their employ, have any authority to make or give any representation or warranty in relation to any of the lots without the express instructions of the Vendor(s).

      12.  The Auctioneers accept no responsibility in connection with the commissioning of their staff to bid for any lots.  Reserves and commissions given verbally or by telephone are accepted at the sender’s risk and must be confirmed in writing before the Sale.

      13.  THIRD PARTY LIABILITY.  All persons on the Auctioneers’ premises before, during or after the Sale shall be deemed to be there at their own risk and with notice of the condition of the premises and of the method of arranging lots and shall have no claim against the Auctioneers in respect of any injury or accident which may occur from any cause whatsoever.

      14.  If any Purchaser shall fail to comply with the above conditions or any of them, the Auctioneers shall be at liberty to recover in full the amount of the purchase money of the lot or lots bought by such Purchaser together with all interest, costs, charges and expenses, without reference to any delivery or acceptance of the lot or lots, other than the first delivery by the fall of the hammer, or to resell any lot or lots bought by such Purchasers, either by public or private sale, and the full amount of the purchase money at the present sale, or the deficiency (if any) arising from the second sale, together with all interest, costs, charges and expenses, shall be made good by the defaulter and be recoverable as and for liquidated damages.

       

      Auctioneers:  THIMBLEBY & SHORLAND, READING

       

       

      NOTE: Purchasers or their agents are requested to obtain accounts and delivery orders at the Auctioneers’ Office before leaving the place of sale and carefully to examine same.  The Auctioneers cannot be held responsible for any errors in accounts or delivery orders unless they are notified of such errors on the day of sale and before the lots are removed from the premises. 

       

      CONDITIONS OF SALE FOR ON-LINE AUCTIONS & TENDERS

      1.              At the fall of the hammer, closing of the tender sale or the on-line lot closing time, the highest acceptable bid for each lot shall be the Purchaser and, in the event of any dispute, the Auctioneers shall have absolute discretion to settle such dispute.

      2.              All lots are put up for sale subject to any reserve price placed by the Vendors

      3.              All intending bidders at on-line or tender sales must register with the Auctioneers prior to placing a bid. All intending bidders must make prior arrangements regarding method of payment before attending or participating in a sale.

      4.              No lot or lots shall be removed from the premises until paid for, but each and every lot shall immediately at the fall of the hammer be considered as delivered and be and remain in every respect at the absolute risk of the respective Purchaser or Purchasers thereof, and shall be removed at the Purchaser's expense after the conclusion of the Sale and taken with all faults or errors of description.

      5.              The Auctioneers act only as agents for the Vendor(s) and are not responsible for any default by either Vendor(s) or Purchaser. In particular, they shall not be liable to pay the Vendor until payment is received from the Purchaser.

      6.              No undertaking of the Auctioneers or their employees to take charge of any lots after the sale or to forward them to their destination shall be held to impose upon the Auctioneers any legal obligation or vitiate any of the foregoing conditions.

      7.              In all cases of transfer the original Purchaser shall be held responsible for the purchase money.

      8.              The Auctioneers have described the lots to the best of their ability and belief, but any statement made either in advertisements, catalogues, on-line description, photograph or other publicity are those of opinion only and are made without responsibility and shall not give rise to any action in law for damages or compensation or rescission of sale by a purchaser against the Vendor, the Auctioneers or their employees. All electrical or mechanical items are sold as un-tested, without warranties or any guarantees as to serviceability, working order or fit for purpose.

      9.              Many lots offered for sale on-line are by reason of age or nature, not in first class condition. Some descriptions may refer to damage or restoration but the omission of such a statement does not imply that a lot may be free of damage or has been restored. Therefore all purchasers must satisfy themselves by physical inspection prior to making a bid as to the origin, authenticity, quality, quantity, weight, size and general description of each lot as all lots are sold “as seen” with all faults whether declared or not.

      10.            The Auctioneers accept no responsibility in connection with the commissioning of their staff to bid for any lots. Reserves and commissions given verbally or by telephone are accepted at the sender's risk and must be confirmed in writing before the Sale.

      11.            THIRD PARTY LIABILITY. All persons attending the sale or viewing whether it be at the Auctioneers’ premises or other place, before, during or after the Sale shall be deemed to be at their own risk and with notice of the condition of the premises and of the method of arranging lots and shall have no claim against the Auctioneers nor their principals in respect of any injury or accident which may occur from any cause whatsoever including postponement or cancellation of the sale.

      12.            If any Purchaser shall fail to comply with the above conditions or any of them, the Auctioneers shall be at liberty to recover in full the amount of the purchase money of the lot or lots bought by such Purchaser together with all interest, costs, charges and expenses, without reference to any delivery or acceptance of the lot or lots, other than the first delivery by the fall of the hammer, or to resell any lot or lots bought by such Purchasers, either by public or private sale, and the full amount of the purchase money at the present sale, or the deficiency (if any) arising from the second sale, together with all interest, costs, charges and expenses, shall be made good by the defaulter and be recoverable as and for liquidated damages.

       

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