CONDITIONS OF SALE
/ BIDDERS GUIDE
Buyers Premium: A Buyers Premium of 15% is incurred on
the hammer price on all lots
unless stated otherwise.
Value added tax:
All lots are subject to the
addition of VAT on the total unless stated otherwise.
Lot Descriptions:
The lots are sold
‘as they lie’ with all faults and errors in description and
quantity.
We recommended that buyers do not bid unless they have physically examined
lots to their
satisfaction prior to doing so IF IN DOUBT DO
NOT BID.
Purchasers buy lots where they lie & must
bring any necessary labour
and
equipment in order to remove their lots and shall comply
with any directions which
may be given by staff
3
Minute Rule: *Our
auction website operates a ‘3
minute rule’ which means that if a person bids
on-line
within the last 3 minutes of a specific lots closing
time then the lots closing time will
automatically increase by an additional 3 minutes and so on until no
further bids are placed.
This feature is to rule out 'sniper'
bidding at the end of auctions.
Persons attend the Tender Sale at
their own risk and neither the vendor nor the Auctioneer will be individually
or collectively responsible for any loss or damage whatsoever occasioned to any
person or property which may be present on the Tender site or Premises for any
purpose whatsoever.
The following special
conditions of sale together with the Important Notice to Tenderes
and the usual conditions of sale on display at the Auctioneers’ Enquiry Office
shall govern the sale of each lot and any person making a bid which is accepted
by the Auctioneers shall be in consideration of such acceptance to be bound thereby:-
1. The
selling Agents are not bound to accept any offer.
2. All
lots must be paid for on the day of sale or by the designated date in the
Important Notes and must be removed no later than the time specified in the
Important Notes.
3. In
the event of any lots not being paid for or not being removed within the period
allowed the Auctioneer shall immediately thereafter be at liberty to rescind
the contract and without notice to the purchaser to resell such lot or lots by
public or private sale. In the event of any such resale, any loss or
damage (including storage charges) suffered by the vendor shall be forthwith
recoverable from the purchaser by the vendor.
4. The
risk in each lot shall pass to the purchaser following notification of his
successful bid but the ownership of each lot shall remain vested in the vendor
and the purchaser shall not be entitled to remove any lot until payment in full
has been made for each and every lot purchased by him at the sale.
5. The
purchaser shall be responsible for any damage occasioned to any adjoining or
other lots or to the premises by the removal of their lots and shall repair the
same either before removal of the lots from the Tender site or after such removal
as the vendor may desire or shall pay the estimated cost of doing so to be
fixed by the vendor or the Auctioneer on his behalf, whose decision shall be
binding on the purchaser.
6. The
purchaser shall forthwith be responsible for any loss or damage to any person
resulting from the removal of his lot or lots and shall indemnify the vendor
and the Auctioneers against any liability therefore whether or not such damage
was caused by the negligence of the purchaser, his employees or agents.
7. The
vendor reserves the right to offer any lot for sale subject to a reserve
price. The vendor or Auctioneers on his behalf may without disclosing any
reserve price withdraw from sale any lot before it has
been sold. Should the Auctioneers in any circumstances sell any lot under
a reserve price they shall be at liberty to cancel the sale even if the lot has
been paid for and release has been given and upon refund of the purchase price
(if paid) neither the vendor not the Auctioneer shall be under any further
liability whatsoever to the purchaser.
8. Neither the vendor not the Auctioneer shall be
under any liability pursuant to section 6 of the Health and Safety Act 1974 and
the purchasers attention is drawn to the undertaking given on each buyers slip
at the sale by which the purchaser undertakes to take such reasonable and
practical steps as are sufficient to ensure that his purchase will be safe and
without risk to health and safety when properly used.
9. The
lots are sold as they lie with all faults and errors or mis-statement
of description, measurement, weight, quantity, quality, numbered or otherwise
(whether of substantial nature or not). The purchaser shall be deemed to
have inspected the lot he buys and if he buys without previous inspection he
shall do so at his own risk. No oral or written representation made prior
to or at the time of sale of any lot shall be deemed to be incorporated in such
sale nor to have induced any purchaser to bid therefore the lots are not sold by
sample but in any case if a sample shall be displayed it shall be on the
understanding that the contract of sale shall contain no implied condition or
warranty as to the quality it shall be on the understanding that the contract
of sale shall contain no implied warranty as to the quality or fitness or
otherwise or that the lots are free from any defects rendering them
merchantable or are reasonably fit for the purpose for which they were
purchased.
10.
Where the Auctioneer conducts a sale on behalf of a vendor who is either a
Receiver or Liquidator of a Limited Company or Trustee in Bankruptcy:-
a) The vendor shall only act as
agent on behalf of the Company or Bankrupt and shall be under no personal liability
whatsoever in respect of the contract for the sale of any lot.
b) The vendor and the
Auctioneers on their behalf only sell whatsoever right, title or interest the
Company or bankrupt may have in any lot.
c) In the event of a third
party proving to have a superior title or right to custody or possession of any
lot the vendor may rescind the contract of sale and upon return of any deposit
and/or purchase price to the purchasers neither the vendor not the Auctioneer
shall be under any further liability to the purchaser.
