general conditions of sale

1. Application of General Conditions

1.1 These General Conditions apply to every sale of plant and machinery, chattels and trade stocks conducted by The Agent whether by Auction, private treaty or tender including all Lots described on the web site, in the Catalogue or The Agent’s invoice.

1.2 Bidding for any Lot shall be deemed to be an acceptance by the Bidder of these General Conditions and the Special Conditions.

1.3 To the extent that these General Conditions are inconsistent with any Special Conditions, the Special Conditions shall prevail.

1.4 These General Conditions shall be governed construed and enforced in accordance with the laws of England and Wales unless the Location is in:-

(1) Scotland in which case the laws of Scotland shall apply; or

(2) Northern Ireland in which case the laws of Northern Ireland shall apply.

2. Identity of the Parties

2.1 The Agent offers each Lot as agent of the Vendor and not as principal unless otherwise indicated in the Catalogue.

2.2 The identity of the Vendor is set out in the Special Conditions.

2.3 Unless The Agent has previously acknowledged in writing that the Bidder Bids as agent on behalf of a named principal, every Bidder shall be taken to Bid on his own behalf as principal.

2.4 Any Bidder acting as agent on behalf of a named principal shall remain liable to the Vendor and The Agent for all obligations and liabilities of his principal. The Bidder warrants that he has the authority of his principal to make each Bid made.

2.5 Every Bidder is required to give his name and address and provide satisfactory proof of identity to The Agent before making any Bid.

3. Conduct of Auctions

3.1 Any Lot may be subject to a reserve price.

3.2 The Vendor or his representative or The Agent on his behalf may Bid for any Lot.

3.3 The Auctioneer may at any time before the fall of the hammer withdraw or divide any Lot or combine any Lots.

3.4 The Agent may sell any Lot by private sale before or after the Auction.

3.5 The Auctioneer may reject any Bid at his sole discretion and without being required to give a reason.

3.6 No Bid shall be retracted without the consent of the Auctioneer.

3.7 The Buyer shall be the person who made the highest Bid before the fall of the hammer or such other Bidder as the Auctioneer may declare to be the Buyer without being required to give a reason.

3.8 The Auctioneer may decide whether there is a dispute between Bidders, may summarily determine the dispute or immediately again offer the Lot for sale, in each case without being required to give a reason.

3.9 The Auctioneer shall in every other respect decide how the Auction is to be conducted and without being required to give a reason.

3.10 The Auctioneer may in his sole discretion delegate to a person whom he believes to be competent the conduct of the Auction in accordance with these General Conditions.

3.11 The Buyer may not remove any Lot he has bought until after the end of the Auction.

4. Sale and Payment

4.1 The Buyer shall pay the following sums to The Agent in full and without set off:-

(1) immediately upon the sale of any Lot a deposit of 25% of the price, if requested by The Agent;

(2) the balance of the price of the Lot purchased together with a Buyer’s Premium of 15% (unless otherwise stated in the special terms and conditions) of the price and any VAT due by no later than the time and date specified in the Special Conditions;

(3) any other payment or amount due to the Vendor and/or The Agent pursuant to these General Conditions or the Special Conditions on demand.

4.2 In every case time for payment shall be of the essence.

4.3 In view of Money Laundering Regulations The Agent reserves the right to refuse payment in cash. Payments in cash of more than £1,000 will not, in any circumstances, be accepted.

4.4 If the Buyer fails to make any payment on the due date for payment then, without limiting any other right or remedy available to the Vendor, the Buyer shall pay to The Agent interest (both before and after any judgment) on the amount unpaid at the rate of 1.5% per month or any part thereof until payment in full is made.

4.5 Until the Buyer has fully complied with its obligations in this clause 4:-

(1) title to any Lot bought shall not pass to the Buyer;

(2) the Vendor shall have a lien over any Lot bought by the Buyer in the Auction;

(3) if the Buyer effects or purports to effect a resale or any other disposition of all or part of the Lot, the Buyer shall hold the proceeds of resale or other disposition on
trust for the Vendor.

4.6 All prices are exclusive of value added tax for which the Buyer shall be additionally liable to pay to The Agent. On written request by the Buyer The Agent will provide a VAT invoice.

5. Removal of Lots

5.1 Risk of damage to or loss of the Lot shall pass to the Buyer immediately upon the sale being agreed, which, in the case of an Auction, is upon the fall of the
hammer.

5.2 The Buyer may not remove any Lot until the Buyer has:-
(1) paid by cleared funds all amounts payable pursuant to clause 5 above in full; and
(2) The Buyer if requested by The Agent, shall produce evidence satisfactory to the Agent that the Buyer has adequate public liability insurance in respect of the indemnity set out in General Condition
5.6 and/or deposited with The Agent, by way of security for the costs of making good any damage likely to occur, such sum as the Company may stipulate.

5.3 (1) The Buyer must remove each Lot purchased by the time and/or date specified in the Special Conditions for which time shall be of the essence. Lots may only be removed during normal working hours or such hours as are specified in the Special Conditions.

(2) Buyers should co-operate regarding order of removal in order to comply with the clearance date. If it transpires that a purchaser makes no effort to commence
dismantling and the particular item of plant is preventing other buyers from removing equipment, then the Auctioneer reserves the right to insist that removal take place immediately notwithstanding the final clearance date. If in the event the purchaser does not comply, then the Auctioneer reserves the right to arrange for the removal of the lot or lots and charge any attendant costs to the purchaser.

(3) If any lot or item is unsold and has to be dismantled & lowered to allow the removal of any other lot, then such dismantling & lowering shall be the responsibility of the purchaser of the relevant Lot(s) or Item(s).

5.4 It is expressly brought to the Buyer’s attention that certain Lots could contain blue or white asbestos, dangerous chemicals etc which if not handled correctly during their removal could result in breach of Health & Safety at Work legislation and/or Control of Substances Hazardous to Health Regulations or other statutory requirements.
5.5 When removing any Lot the Buyer:-
(1) shall be responsible for detaching any Lot fixed to land or buildings and must do so safely and lawfully and must not use flame cutters, explosives or any other
dangerous equipment or process without previous written permission signed by or on behalf of The Agent;

(2) Compliance with Laws, Regulations and Planning
Purchasers or their Removal Contractors are responsible for applying for relevant planning permissions (if appropriate) with reference to the removal of building structures and plant housings. Purchasers or their Contractors shall at all times comply with all orders, regulations, requirements and rules of any authority whether Parliamentary, statutory,
parochial or local and in particular shall comply with all requirements applicable to the employment by them of labour or otherwise affecting the work.
The Purchasers or their Contractors shall in addition and without prejudice to the generality of the foregoing conform to the regulations and bye-laws of local authorities and shall pay all fees and charges arising under the said regulations and bye-laws in respect of the Work. It is the purchaser’s or their removal contractors responsibility (i.e. Police, Ministry of Transport, Local Authority) to transport off site long/wide loads, within sufficient time prior to the commencement of clearance period as stated in the Special Notes & Conditions.

(3) must use safe and lawful means of removing the Lot, must comply with all current statutory requirements and regulations including those relating to the disposal of waste and, if required, satisfy The Agent in relation to their removal procedures; in particular, the removal of waste materials must be undertaken by an approved and licensed contractor;

(4) is responsible for ensuring that any motor vehicle may be safely and lawfully driven onto a public highway;

5.6 The Buyer shall indemnify The Agent and the Vendor against any loss damages, expenses, claims or liabilities arising directly or indirectly from the detaching of any Lot fixed to land or buildings and/or its removal including (without prejudice to the generality of the foregoing) any damage caused to other Lots, the Location or to any third party.

6. Default by the Buyer

6.1 If at any time the Buyer has failed to pay the sums specified in clause 5 above in full by the due date for payment, or to remove any Lot purchased by the time or
date specified in the Special Conditions the Vendor may rescind the sale of that Lot, in which case any deposit shall be forfeit, and that Lot may be resold.

6.2 If the Vendor has rescinded the sale but the Buyer has removed the Lot purchased, the Vendor shall be entitled without previous notice to enter upon any premises where he believes the Lot to be and remove it.

6.3 If the Vendor has rescinded the sale and the Lot has been resold, the Buyer shall make good any deficiency, namely:-

(1) the sale price less the resale price;

(2) the costs of and incidental to resale.

6.4 If the Buyer fails to remove any Lot by the time specified:-

(1) the Vendor may remove the Lot from the Location and leave them outside at the Buyer’s risk in all respects;

(2) the Vendor may charge the Buyer for the reasonable costs of storage;

(3) the Buyer shall indemnify the Vendor against any loss, damages, expenses, claims or liabilities incurred by the Vendor arising from the Buyer’s failure to remove the Lot from the Location.

7. Acknowledgements and Exclusion of Warranties

7.1 The Buyer acknowledges that in agreeing to purchase any Lot he is not relying on any warranties or representations made by the Vendor or The Agent or any of their employee’s agents or representatives. All representations, warranties and conditions, express or implied, statutory or otherwise in respect of all and any of the Lots are expressly excluded (without limitation any warranties and conditions as to title quiet possession, satisfactory quality fitness for purpose and description).
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7.2 The Buyer further acknowledges that neither the Vendors nor The Agent shall in any circumstances be liable to or to compensate the Buyer nor shall the Buyer
be entitled to rescind the sale or reject any Lot for an error omission or misstatement contained in the Catalogue.

7.3 The Buyer also acknowledges that:-

(1) all the Lots are purchased on the basis that risk of good title to all or any of them passing to the Buyer is at the Buyer’s so risk and without limitation the Lots are sold subject to any claims, liens, distraint and execution and subject to all leasing, hire or hire purchase agreements and reservation of title claims (if any) in respect of them;

2) if it shall be found that the Vendor does not have title to all or any of the Lots the Buyer shall have no right to rescind, avoid or vary this agreement or to claim damages or a reduction in the price paid or payable; and

(3) anything found in under near or in any Lot which is not specifically included in the description of the Lot remains the property of the Vendor.

7.4 The Buyer undertakes that it shall ensure that any vehicle comprised in any Lot is in a roadworthy condition in accordance with the Road Vehicle (Construction and Use) Regulations 1986 before using it on a public road and the Buyer acknowledges that any item of plant, machinery or equipment contained in the Lot(s) may not necessarily comply with any statutory requirements or regulations governing the use of that plant, machinery or equipment in their working environment. Neither the Vendor nor The Agent shall incur any liability to the

7.5 The Buyer acknowledges and agrees that The Agent is acting only as agent of the Vendor and it is expressly agreed and declared that no personal liability in connection with the sale of any Lot or otherwise shall fall on The Agent and the Buyer shall indemnify The Agent against
all and any liabilities arising under or in connection with the sale of any Lot.

7.6 The Buyer agrees that the General Conditions and the exclusions which they contain are fair and reasonable bearing in mind that:-

(1) the Buyer must rely absolutely on the Buyer’s own opinion and/or professional advice concerning the quality state, condition, performance and functionality of the Lots any right, title or interest which is sold under the terms of these General Conditions, their fitness and suitability for any particular or any purpose, of contamination and the possibility that the Buyer may not acquire title and the fact that the Buyer would have no remedy under this Agreement should that happen;

(2) the Buyer has available to it skilled professional advice and on that basis agrees to purchase a Lot for account amongst other things the risk to it represented by the fact that the parties believe that all the exclusions and limitations set out in these General Conditions would be recognised as being fully effective by the Courts and the Vendor making it clear that it would not have agreed to sell any Lot on any other basis except for a higher consideration;

(3) the Buyer has been given every opportunity which might reasonably be expected to examine and inspect the Lots.