GENERAL TERMS AND CONDITIONS OF SALE OF H&I Ltd.
REGISTERED OFFICE: 29 Woodplumpton Rd, Preston, Lancashire PR2 3LF
These Special Terms and Conditions of Sale shall be read and construed in conjunction with and in addition to the General Terms and Conditions of Sale attached hereto and in the case of conflict or inconsistency between any of the provisions in the Special Terms and Conditions and the General Terms and Conditions the General Terms and Conditions shall prevail. All auctions are conducted outside of UK consumer law. These Terms and Conditions of Sale and Special Terms and Conditions and General Terms and Conditions may be changed at any time without notice.
1. DEFINITIONS AND INTERPRETATION
The following definitions and rules of interpretation apply in this Terms and Conditions.:
“Agents” means H&I Ltd or any Employee or representative thereof at the time of Sale.
“Auction” any of a Live Auction or Online Auction;
“Auctioneers” means the person conducting the auction, H&I Ltd or any Employee or representative of H&I Ltd thereof at the time of Sale acting in that capacity;
“Bid” an offer to purchase any Lot whether by bidding at Auction or offering to purchase by private treaty or tender, and “Bids” and “Bidding” shall be construed accordingly;
“Bidder” any person who offers to purchase any Lot whether by bidding at Auction or offering to purchase by private treaty or tender;
“Catalogue” the Catalogue incorporating these General Conditions and the Special Conditions;
“Clearance Date and Time” the date and time on which all Lots must be removed by the Purchaser from the Location as specified in the Special Conditions;
“Live Auction” any auction conducted at the Location or at such other location(s) as shall be notified by the Agent/Auctioneer in the Special Conditions or in the Catalogue;
“Location” the premises at which the Lots are located, details of which are set out in the Special Conditions;
“Lot” any Lot described in the Catalogue, on the Website or on the Agents/Auctioneer’s invoice;
“Offeror” a Purchaser of a Lot or Lots by private treaty;
“Online Auction” any auction conducted over the internet via the Website pursuant to these General Conditions and the Special Conditions;
“Purchase Price” the amount of the winning Bid;
“Purchaser” shall have the meaning given to it in condition 4 below and Purchasers shall be deemed to be principals (for the purpose of these conditions) unless to the reasonable knowledge of the Agents and Auctioneers they are acting as agents on behalf of a named principal;
“Special Conditions” as attached hereto and any additions to these General Conditions set out below or referred to in the Catalogue, announced at Auction or otherwise specified by the Agents/Auctioneers;
“Storage Costs” the storage costs of any Lot(s) as shall be determined in their absolute discretion by the Auctioneers/Agents but shall in all circumstances be charged at a minimum cost of £5.00 plus VAT per day;
“Vendor” means the person owning or having the right to sell the Lot as further defined in the Special Conditions;
“Website” the website hosting the Online Auction;
“Working Day” means a day which is not Saturday, Sunday, a bank holiday or a public holiday in England and Wales.
1.2 Clause and paragraph headings shall not affect the interpretation of these Terms and Conditions.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.
1.4 Any reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.6 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.7 A reference to any party shall include that party’s personal representatives, successors and permitted assigns.
1.8 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
1.9 A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
1.10 A reference to writing or written includes faxes but not e-mail.
1.11 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
1.12 Any reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English legal term in that jurisdiction.
1.13 A reference to “these Terms” or “these Terms and Conditions” or to any other agreement or document referred to in this agreement is a reference to this agreement or such other document or agreement as varied or novated (in each case, other than in breach of the provisions of these Terms and Conditions) from time to time
1.14 References to clauses are to the clauses of these Terms and Conditions.
1.15 Any words following the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. GENERAL CONDITIONS AND APPLICATION
2.1 The Agents/Auctioneers act only as agents for the Vendor (unless otherwise directly declared). Vendors are not paid until payment is received from the Purchaser. The Agents/Auctioneers are not necessarily in a position to know the history or assess the quality of Lots sold on behalf of Vendors. Furthermore, Lots sold are likely to have been subject to wear and tear caused by use or the effects of age and may therefore have faults and imperfections. Purchasers are given an opportunity at the viewing period to examine Lots to be sold and will be assumed to have done so. Purchasers are deemed to have satisfied themselves as to the condition of any Lots before bidding and Lots are therefore sold with no guarantee or warranty being given or implied.
2.2 The Interpretation Act 1978 applies to the terms and expressions used in these Terms and Conditions of Sale and the Special Conditions as if contained in statute and these Terms and Conditions of Sale shall be governed by the law of England and Wales and subject to the jurisdiction of England and Wales.
2.3 These General Conditions apply to every Sale of plant and machinery, chattels and trade stocks conducted by the Agents/Auctioneers.
2.4 These General Conditions, the Special Conditions and any terms set out in the Catalogue shall together comprise the “Conditions of Sale”.
2.5 To the extent that these General Conditions are inconsistent with any Special Conditions, the General Conditions shall prevail.
2.6 Registering online in the case of an Online Auction or in person in the case of a Live Auction and subsequently Bidding for any Lot shall be deemed to be an acceptance by the Bidder of these General Conditions and the Special Conditions.
3. IDENTITY OF THE PARTIES
3.1 The Agents/Auctioneers offer each Lot as agent of the Vendor and not as principal unless otherwise indicated in the Catalogue.
3.2 Unless the Agents/Auctioneers 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.
3.3 Any Bidder acting as agent on behalf of a named principal shall remain liable to the Vendor and the Agents/Auctioneers for all obligations and liabilities of his principal jointly and severally with the principal. The Bidder warrants that he has the authority of his principal to make each Bid made.
3.4 Every Bidder may be required at the Agents absolute discretion to give his name and address and provide satisfactory proof of identity and such other information and documentation as is required to the Agents/Auctioneers before making any Bid and must register in the following manner in the case of:
3.4.1 a Live Auction by the completion of a registration form;
3.4.2 an Online Auction by online registration at the Website; and
3.4.3 a private treaty or tender sale by prior registration or notification of details, as and when requested by the Agents/Auctioneers.
3.5 The Agents/Auctioneers reserves the right at any time to reject the registration of any persons and refuse access to the Auction at its sole discretion.
3.6 On registration for an Online Auction Bidders will be added to the Agents/Auctioneer’s mailing list for the purposes of notification of future sales by email. If a Bidder wishes to stop receiving such notifications they can unsubscribe at any time by clicking on the link provided at the bottom of each email.
3.7 On registration in accordance with General condition 3.4 the Bidder acknowledges that only adults aged 18 years and over are entitled to enter into a legally binding contract and as a result they are the only people entitled to register for the Auction. By registering the Bidder warrants that he is aged 18 years or older and is capable of forming a legally binding contract.
4. CONDUCT OF AUCTIONS
4.1 Any Lot may be subject to a minimum bid or reserve price. The Vendor is entitled to change these at any time before the conclusion of the Sale.
4.2 Lot descriptions will be amended as appropriate as and when information becomes available to the Agent/Auctioneer. Prospective Bidders must read Lot descriptions before making a Bid so that they are fully aware of any amendments to the description appearing in the Special Conditions and/or on the Website or in the Catalogue in relation to a particular Lot.
4.3 The Auctioneer may at any time before the conclusion of the Sale withdraw or divide any Lot or combine any Lots.
4.4 The Agent/Auctioneer may sell any Lot by private treaty or tender before or after the Auction. The Auctioneer may reject any Bid at his sole discretion and without being required to give a reason.
4.5 No Bid shall be retracted without the consent of the Auctioneer.
4.6 The Auctioneer may where there is are disputes between Bidders summarily determine the dispute or immediately again offer the Lot for sale, in each case without being required to give a reason.
4.7 The Auctioneer shall in every other respect decide how the Auction is to be conducted and without being required to give a reason.
4.8 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.
4.9 The Auctioneer may from time to time act jointly with an associated Auctioneer who will be named in the Catalogue and/or in the Special Conditions.
4.10 A Sale is concluded (constituting acceptance of the Bidder`s offer, subject to General Condition 4.11 below) when:
4.10.1 in the case of a Live Auction, on the fall of the Auctioneer`s hammer; and/or,
4.10.2 in the case of an Online Auction, at the close of the timed Online Auction Sale as specified on the Website and as defined by General Condition 4.16.3 below or;
4.10.3 in the case of a private treaty or tender, when the Bidder’s Bid is accepted by the Agent/Auctioneer, such acceptance to be communicated to the Bidder in writing by way of receipt of the Agent/Auctioneer’s invoice.
4.11 The Purchaser shall be the person who made the highest Bid before the conclusion of the Sale pursuant to General Condition 4.10 above subject to approval and acceptance by the Agent/Auctioneer, the Auctioneers and the Vendor or such other Bidder as the Auctioneer and/ or the Agent/Auctioneer may declare to be the Purchaser without being required to give a reason.
4.12 In the case of an Online Auction the Purchaser, as determined under General Condition 4.11 above, shall within a reasonable time after the conclusion of the Sale receive by email an invoice in respect of the monies due for the Lot(s) purchased.
4.13 In the event that the reserve price is not met, the Agent/Auctioneer may consider the Bids received below the reserve price with the Vendor who at its sole discretion may accept, reject or place a counteroffer.
4.14 On conclusion of the Sale and acceptance of the Bidders Bid pursuant to General Conditions 4.10 and 4.11 above, the Purchaser acknowledges and agrees that he has entered into a contract with the Vendor to buy the Lot and the Purchaser must complete the transaction to purchase the Lot.
4.15 The Purchaser may not remove any Lot he has bought until after the end of the Auction.
4.16 In relation to an Online Auction:
4.16.1 the Agent/Auctioneer cannot guarantee that the internet services will operate continuously or without interruptions and this could affect the conduct of the Online Auction and the Bidders ability to Bid online. The Agent/Auctioneer shall not be liable in any respect in the event of any dispute due to errors, omissions or disruptions to internet services or power failures or any other unforeseen circumstances which may occur during the Online Auction;
4.16.2 the Auctioneer may at any time, without notice, postpone or cancel an Online Auction or extend an Online Auction beyond the published closing time (including extension of the timed Online Auction in accordance with General Condition 4.16.3 below);
4.16.3 the timed Online Auction Sale is auto bid extension enabled meaning that where a Bid is placed within ten minutes of the original scheduled close of the timed Online Auction the scheduled close of the timed Online Auction will automatically be extended by an additional ten minutes. This continues with a new scheduled close time each time a Bid is placed until no-one places a Bid before the last scheduled close of the timed Online Auction. Every time a Bid is placed within ten minutes or less left in the Online Auction an additional ten minutes Bidding time is added until there are no more Bids. Such time shall then be deemed to be the close of the timed Online Auction.
4.17 In the event that the Auctioneer unknowingly sells a Lot that was not eligible for Sale (i.e. there is a third party interest that comes to light) then the Auctioneer shall be entitled to immediately rescind that Sale without any further liability to the Auctioneer and/or Agent/Auctioneer or the Vendor.
4.18 Copies of the Auctions (Bidding Agreements) Act 1927 and 1969 are held at the Agent/Auctioneer’s and/or the Auctioneer’s principal place of business.
4.19 Where lots are listed on the Auctioneers Website as Private Tender Sale either exclusively or additionally to those listed elsewhere by the Auctioneer, the Vendor shall not without prior written notice remove such lots from the Auction or offer them for sale to a third party for a period of up to six months unless sold by the Auctioneer.
5. THIRD PARTY LIABILITY
The Agents/Auctioneers will not be responsible for any injury, damage, or loss, howsoever caused to or sustained by any person on the Agents/Auctioneers’ premises or any site where an auction is held or in either case where the Agent/Auctioneer is not present at the location in question unless the same shall be caused by the direct negligence of the Agents/Auctioneers, including the period(s) during which viewing and subsequent removal takes place.
6. OFFERS AND BIDS
All offers and Bids made shall be treated as offers made upon these Terms and Conditions of Sale, and all persons present at the Live Auction or participating at an Online Auction and any Offerors acknowledge that their attention has been drawn to these Terms and Conditions of Sale and they are bound by them. Subject to these Terms and Conditions, the Bidder/Offeror shall be the Purchaser, subject to the final approval of the Bid by the Vendor and/or Auctioneer.
7. AUCTIONEERS’ DISCRETION
The Auctioneers have the right to:
7.1 Refuse any bid.
7.2 Advance the bidding at their discretion and at such minimum increment as they in their absolute discretion direct.
7.3 Decide whether there has been a dispute as to the bidding and, if so, immediately re-offer the Lot in question.
7.4 Divide, combine, and withdraw any Lots.
7.5 Exclude any person from the Auction process.
8. VENDORS RIGHTS
Lots offered for sale are subject to the following:
8.1 Any reserve price placed by the Vendor. Reserves must be reasonable and H&I Ltd may decline to offer goods which in H&I Ltd’s opinion would be subject to an unreasonably H&I Ltd reserve (in which case those goods shall carry the Storage Costs and also any insurance charges as may be reasonably advised by the Agent/Auctioneer to the Vendor).
8.2 The right of the Auctioneers to bid on behalf of the Vendor.
8.3 When a reserve price has been placed (but in no other case) for the Vendor to bid personally or through any agent.
8.4 Once set the reserve cannot be changed without H&I Ltd consent.
8.5 VAT at the applicable local rate if appropriate.
9. DUTIES OF PERSONS PRESENT AND PURCHASERS AND PAYMENT TERMS
9.1 All persons present at Live Auction sale and or taking part in an Online Auction agree to refrain from conduct which may cause a nuisance to others present.
9.2 Upon the Auctioneer declaring any Lot sold, the Purchaser shall immediately make the Payment and pay the Buyer’s Premium in the time and manner as specified in the Special Conditions.
9.3 The time for complying with clause 9.2 above shall be the time specified in the Special Conditions Auction Catalogue, or if no time is specified there, on or before 4pm on the next Working day after the Bid was accepted, and in every case time shall be of the essence.
9.4 The Auctioneer may at any time in his sole discretion grant the Purchaser an extension of time for complying with clause 9.2 above, in which case the Purchaser shall pay to the Auctioneer in full before moving or removing the Lot interest on any unpaid sums at a rate of 4 per cent above National Westminster Bank plc base rate in force from time to time.
9.5 Payment is to be made as specified in the Special Conditions.
9.6 Until the Purchaser has complied with clause 9.2 above:-
9.6.1 Title to any Lot bought shall not pass to the Purchaser.
9.6.2 The Lot shall be at the Purchasers risk.
9.6.3 The Auctioneer shall have a lien over any Lot bought by the Purchaser in the Auction.
9.6.4 If the Purchaser effects or purports to effect a resale of any other disposition of all or part of the Lot, the Purchaser shall hold proceeds of resale or other disposition on trust for the Auctioneer and the Vendor.
10. LIABILITY OF THE AGENTS/AUCTIONEERS AND VENDORS
10.1 Lots are sold with all faults and defects and with all errors of description and neither Vendor nor the Agents/Auctioneers are responsible for any defects whatsoever. All implied conditions relating to description, fitness and quality are accordingly excluded;
10.2 The Auctioneer does not accept responsibility for the authenticity, attribution, origin, date, authorship or estimate price of any Lot and any representation or settlement by the Auctioneer in any Catalogue, brochure, or advertisement only. Every person interested should exercise and rely on his own judgement as to such matters and neither the auctioneer nor his employees or agents accept any responsibility for the correctness of such opinion. No warranty whatsoever is given by the Auctioneer or the Vendor in respect of any Lot and any warranties of conditions whether expressed or implied by statue common law or otherwise are hereby excluded.
10.3 Subject to 10.4 below, the Vendor and the Agents/Auctioneers do not make or give, nor has any person in the employment of the Agents/Auctioneers any authority to make or give, any express representation or warranty with regard to any Lot except that the Vendor has the right to sell it.
10.4 Where a Lot bears a specific Catalogue description indicating quality (for example “good condition”) this description shall be taken to be made on the authority of the Vendor alone and in case of dispute about such express description the Purchaser agrees to follow the procedure specified in condition 11.7.1 to 11.7.3 inclusive below and to be bound by the result thereof.
10.5 The Vendor indemnifies the Agents/Auctioneers that he has the right to sell any Lot offered for sale by the Agents/Auctioneers on behalf of the Vendor.
10.6 It is hereby expressly agreed that the Vendors and Agents/Auctioneers shall have no personal liability hereunder or under any document executed pursuant hereto.
11. ACKNOWLEDGEMENTS AND EXCLUSION OF WARRANTIES
11.1 The Purchaser acknowledges that in agreeing to purchase any Lot he is not relying on any warranties or representations made by the Vendor or the Agents/Auctioneers 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 and without limitation any warranties and conditions as to title, quiet possession, satisfactory quality, fitness for purpose and description are excluded to the fullest extent as permitted by law.
11.2 The Purchaser further acknowledges that neither the Vendors nor the Agents/Auctioneers shall in any circumstances be liable to or to compensate the Purchaser nor shall the Purchaser be entitled to rescind the Sale or reject any Lot for an error omission or misstatement contained in the Catalogue and/or in the Special Conditions.
11.3 The Purchaser also acknowledges that:-
11.3.1 all the Lots are purchased on the basis that risk of good title to all or any of them passing to the Purchaser is at the Purchaser’s 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;
11.3.2 if it shall be found that the Vendor does not have title to all or any of the Lots the Purchaser shall have no right to rescind, avoid or vary this agreement or to claim damages or a reduction in the price paid or payable;
11.3.3 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;
11.3.4 any intellectual property rights or software subsisting in a Lot may be third party property and as such the Vendor and/or the Agents/Auctioneers may be unable to effect transfer. The Purchaser will not be authorised to use intellectual property rights or software and any such use or transfer shall be at the Purchasers sole risk.
11.4 The Purchaser 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 and any subsequent amendments thereof or such other relevant regulations as shall from time to time be in force before using it on a public road. It is the Purchaser’s responsibility to remove Agents/Auctioneers logos and lettering from vehicles. Odometer readings are not warranted.
11.5 The Purchaser 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 Agents/Auctioneers shall incur any liability to the Purchaser because of any default or defect in all or any of the Lots. Purchasers are entirely responsible for ensuring that the use of any item of plant, machinery or equipment does not contravene any health and safety and environmental legislation in existence at the time of the Sale.
11.6 The Purchaser acknowledges and agrees that the Agents/Auctioneers 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 Agents/Auctioneers and the Purchaser shall indemnify the Agents/Auctioneers against all and any liabilities arising under or in connection with the Sale of any Lot. Insolvency Practitioner(s), including Administrative Receiver(s), Administrator(s) and Liquidator(s) act as agent(s) for the Vendor without personal liability and shall incur no personal liability whatsoever in relation to a Sale or pursuant to any document relating thereto.
11.7 The Purchaser agrees that the General Conditions and the exclusions which they contain are fair and reasonable bearing in mind that:-
11.7.1 the Purchaser must rely absolutely on the Purchaser’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, the possibility that some or all of them may have defects not apparent on inspection and examination including, without limitation, the presence of contamination and the possibility that the Purchaser may not acquire title and the fact that the Purchaser would have no remedy under this Agreement should that happen;
11.7.2 the Purchaser has available to it skilled professional advice and on that basis agrees to purchase a Lot for a consideration calculated to take into 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 H&I Ltd consideration;
11.7.3 the Purchaser has been given every opportunity which might reasonably be expected to examine and inspect the Lots.
11.8 Notwithstanding anything else in these General Conditions, the Vendor’s and the Agents/Auctioneer’s total liability under or in connection with the Sale of any Lot, whether in respect of breach of contract, tort (including negligence), breach of statutory duty or otherwise, including consequential loss, shall be limited in aggregate to the price paid for the Lot or if no price has been paid then the H&I Ltdher of the market value or reserve price for the Lot. This General Condition 11.8 does not apply to liability for death or personal injury.
11.9 The Purchaser acknowledges that a Sale by Auction is not a consumer sale for the purposes of the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994) and the Unfair Contract Terms Act 1977 and the Purchaser shall not seek to rely upon any conditions or warranties implied thereby or by any other legislation.
12. CATALOGUE DESCRIPTIONS
The Agents/Auctioneers undertake that care has been taken to see that the Catalogue descriptions and advertisements are accurate and reliable, but these are necessarily statements of opinion and must not be relied upon as statements of fact. Subject to condition 21 below, neither the Vendor nor the Agents/Auctioneers are responsible for errors of description, the genuineness, attributes or authenticity of any Lot.
13. PROPERTY IN LOTS AND TRANSFER OF RISK
The Purchaser shall not become the owner of any Lot and the Agents/Auctioneers shall have a lien thereon until the Lot has been paid for in full but nevertheless each Lot is at the sole risk of the Purchaser from the conclusion of the sale of the Lot in accordance with the conclusion of the sale as specified in clause 4.10.1 and/or 4.10.2 and/or 4.10.3 hereof as the case may be and the Purchaser shall be responsible for providing appropriate insurance cover from this time.
14. DEFAULT BY THE PURCHASER
If the Purchaser fails to pay for or remove any Lots purchased by him, or in any way fails to comply with these Terms and Conditions of Sale, the Agents/Auctioneers shall have the right at their absolute discretion to:
14.1 Pursue the Purchaser for payment of the amount of the winning Bid and Buyer’s Premium and the Purchaser shall indemnify the Agent/Auctioneer in respect of any costs reasonably incurred in respect thereof.
14.2 Sell the Lots by public auction or otherwise without notice to the Purchaser, and if any loss arises from such a resale after deducting the Agents/Auctioneers’ full costs and expenses, the Purchaser shall be responsible to the Agents/Auctioneers for that loss.
14.3 Where deposit is paid, to forfeit that deposit.
14.4 To charge interest on any unpaid balance at the rate of 4% above the base rate charged by National Westminster Bank plc from time to time.
14.5 To charge for storage arising after the time for removal at the current rate and to release the Lots in question to the Purchaser only after payment in full of all storage and removal expenses incurred (as well as the full purchase price).
15. TITLE AND INSURANCE
15.1 Title will not pass to the purchaser until the auctioneer as agent for the Vendor has received payment in full and if payment is accepted by cheque upon clearance of the cheque.
15.2 The Auctioneer/Agent shall not be obliged to insure the any Lot and if such insurance is required by the Vendor this shall be the responsibility of the Vendor unless title has passed to the Purchaser in accordance with clause 15.1 hereof.
16. AGENCY AND COMMISSIONS
The Agents/Auctioneers execute commissions received in writing up to one hour before the sale, on condition that the relevant Lot or Lots have been viewed by the Bidder. No responsibility is accepted relating to commissions given to staff other than the Agents/Auctioneers nominated individual.
17. SAFETY OF PLANT, MACHINERY AND VEHICLES
17.1 Purchasers are reminded that under current Health and Safety legislation affecting the sale and safe use of machinery, the Agents / Auctioneers will not inspect or carry out any checks that any Lots sold comply with the provisions and duties of the Section 6 of the Health and Safety at Work Act 1974 and within the meaning of Section 53 of that Act. Accordingly the Purchaser undertakes not to use any Lot purchased until satisfied that it complies with the relevant local Legislation and Regulations relating to such machines and implements and to indemnify the Agents/Auctioneers against any failure to observe this undertaking;
17.2 In the case of the sale of vehicles, no vehicle is warranted or held out to be roadworthy and no Lot is warranted or held out to be merchantable or safe for use or complying with statutory requirements for use, display or movement. The Agents/Auctioneers have no authority to make representations and all vehicles are sold as scrap.
17.3 All goods sold are sold as used and are not supplied as new unless the Catalogue description clearly states the contrary.
18. REMOVAL OF LOTS/ REPAIR OF FIXTURES
18.1 Risk of damage to or loss of the Lot shall pass to the Purchaser immediately upon the conclusion of the Sale.
18.2 The removal of Lots from the Location shall be undertaken by the Purchaser entirely at its own risk and without any liability whatsoever to the Agent/Auctioneer.
18.3 Purchasers are responsible for any and all costs and expenses incurred in relation to the removal of Lots and any other applicable charges, taxes and insurance costs.
18.4 The Purchaser may not remove any Lot until the Purchaser has:-
18.4.1 paid by cleared funds all amounts payable pursuant to General Condition 5 above in full; and
18.4.2 if requested by the Agent/Auctioneer produced satisfactory evidence to the Agent/Auctioneer that the Purchaser has adequate public liability insurance in respect of the indemnity set out in General Condition 18.11 below and/or deposited with the Agent/Auctioneer, by way of security for the costs of making good any damage likely to occur, such sum as the Agent/Auctioneer may stipulate.
18.5 The Agent/Auctioneer will only permit the removal of Lots purchased by the Purchaser or its authorised agents.
18.6 The Purchaser must remove each Lot purchased by the Clearance Date and Time 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. No clearance shall take place on Bank or Public Holidays. If no Clearance Date and Time is specified in accordance with the Special Conditions attached hereto the Lot or Lots shall be cleared by 4.30pm on the day, or within 30 minutes of the time of the last Bid in the case of a Live Auction if later, or on or before 4.30pm on the next Working Day following an Online Auction unless expressly agreed by the Agent/Auctioneer.
18.7 Purchasers should co-operate regarding order of removal of Lots in order to comply with the Clearance Date and Time. If it transpires that a Purchaser makes no effort to commence dismantling and the particular Lot is preventing other Purchasers from removing purchased Lots, then the Auctioneer reserves the right to insist that removal take place immediately notwithstanding the specified Clearance Date and Time. In the event the Purchaser does not comply with its obligations under this General Condition 18.7, then the Auctioneer reserves the right to arrange for the removal and/or storage of the Lot and charge any attendant costs to the Purchaser.
18.8 If any Lot is unsold and has to be dismantled and lowered to allow the removal of any other Lot, then such dismantling and lowering shall be the responsibility of the Purchaser of the relevant Lot(s).
18.9 Title to computer software sold pursuant to the Sale of a Lot is not transferred under any Sale to the Purchaser and use is subject to any licence or copyright restrictions and user conditions. The Vendors, Agent/Auctioneer and/or Auctioneers reserve the right to erase any private or sensitive information prior to the Sale or at any later date.
18.10 The Purchaser and/or his removal contractor must liaise with the Agent/Auctioneer’s site representative prior to commencing dismantling/removal of a Lot from the Location and must at all times comply with its obligations under clause 18.11 below.
18.11 When removing any Lot from the Location the Purchaser shall, or shall procure that its removal contractors shall:
18.11.1 carry out a full assessment of Lot, the Location and the land or buildings to which the Lot is fixed to assess the risks associated with detaching/removing the Lot and shall fully satisfy themselves that they can detach/remove the Lot in compliance with the Purchasers obligations under this General Condition 18.11 prior to handling and/or commencing removal of a Lot;
18.11.2 obtain all relevant planning permissions (where required) in relation to the removal of building structures and plant housings;
18.11.3 Purchasers of Lots will be required to make good holes or voids exposed by the removal of Lots. Cladding taken off buildings for removal of plant and equipment will have to be replaced, unless otherwise specified by the Agent/Auctioneer;
18.11.4 when detaching any Lot fixed to land or buildings, do so safely and lawfully and must not use flame cutters, explosives or any other dangerous equipment or process without first obtaining written consent of the Agent/Auctioneer;
18.11.5 remove the Lot in compliance with all relevant legislation, regulations, codes of practice, guidance, orders, rules and other requirements of any relevant government or governmental agency or authority whether Parliamentary, statutory, parochial or local including (without limitation) in compliance with the Health and Safety at Work etc Act 1974, the Environmental Protection Act 1990, The Construction (Design and Management) Regulations 2007, Control of Substances Hazardous to Health Regulations 2002 (COSHH), and the Road Vehicle (Construction and Use) Regulations 1986 and any subsequent amendments thereof and all other health and safety and environmental legislation in existence at the time of the Sale. To the extent that such regulations are advisory rather than mandatory, the standard of compliance to be achieved by the Purchaser shall be to the best industry practice;
In all cases arising under this General Condition 18.11 the costs of compliance shall be borne by the Purchaser and the Purchaser hereby indemnifies the Agent/Auctioneer and the Vendor against all losses, costs, expenses, damages, liabilities, demands, claims, actions and proceedings which the Agent/Auctioneer and/or the Vendor may incur arising directly or indirectly out of any breach by the Purchaser to the provisions of this General Condition 18.11 and the Purchaser shall make good any damage caused to (without limitation) other Lots, the Location or to any property belonging to third parties, in removing any Lot under this General Condition 18.11.
18.12 The Agent/Auctioneer shall be entitled to halt the clearance of any Lot if in its absolute discretion the removal of a Lot is being carried out in an unsatisfactory manner. Where the clearance is halted by the Agent/Auctioneer, the Purchaser must liaise with the Agent/Auctioneer`s site representative as to how the Lot should be removed from the Location provided that the Purchaser shall at all times ensure that it complies with its obligations under General Condition 18.11 above and the Agent/Auctioneer shall have no liability in this regard.
18.13 The Purchaser shall provide evidence as and when requested by the Agent/Auctioneer of the Purchaser`s insurance policies in respect of the following insurances and at a minimum level of:
18.13.1 Public Liability Cover – limit Two Million Pounds (£ 2,000,000); and
18.13.2 Employers Liability Cover – limit Ten Million Pounds (£10,000,000);
the Agent/Auctioneer reserves the right to vary the level of insurance cover stated above at any time, as and when required.
18.14 The Purchaser shall provide to the Agent/Auctioneer a Risk Assessment and Method Statement complying with The Construction (Design and Management) Regulations 2007, COSHH or with any subsequent amendments thereof or such other legislation as shall from time to time be in force.
18.15 Electric, gas, water, steam and waste disconnections are the responsibility of the Purchaser and MUST be carried out by an approved contractor following consultation with the site representative.
18.16 It is expressly brought to the Purchaser’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 and Safety at Work legislation and/or Control of Substances Hazardous to Health Regulations or other statutory requirements.
18.17 Any fluids, gases and/ or waste remaining in plant and machinery are the responsibility of the Purchaser and MUST be removed from the Location strictly in accordance with any applicable statutory requirements.
18.18 The Purchaser 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 and removal if waste, and if required, satisfy the Agent/Auctioneer in relation to their removal procedures; in particular, the removal of waste materials must be undertaken by an approved and licensed contractor to an approved waste management site.
18.19 The Purchaser or their removal contractor or agent as appropriate shall be responsible for compliance with statutory and legal requirements to transport off site long and/or wide loads, within sufficient time prior to the commencement of Clearance Period as stated in the Special Terms and Conditions.
18.20 The Purchaser shall indemnify the Agent/Auctioneer and the Vendor against any loss, damages, expenses, claims or liabilities arising directly or indirectly from the possession or use of the Lot after title to the Lot has passed to the Purchaser but before it is removed from the Location.
18.21 All Lots are sold on the understanding that the Vendor does not represent them as being in a condition which makes them suitable for domestic use. If any Lots are intended for domestic use the Purchaser must ensure that they comply with the requirements of the Furniture and Furnishings (Fire) (Safety) Regulations 1988 and any subsequent amendments thereof or such other relevant statutory requirements or regulations as shall from time to time be in force.
18.22 The Purchaser undertakes to comply with the provisions of the Data Protection Act 1998 in processing data held by them in connection with any Lot.
18.23 Where Lots and sale items are of a fixed nature, the Purchaser is responsible for detaching such Lot and undertakes to do so safely and lawfully in accordance with local Health and Safety legislation and regulations, where necessary. The Purchaser will provide a method statement for removal, to the Agents/Auctioneers prior to removing any such fixtures.
18.24 The Purchaser undertakes to indemnify the Agents/Auctioneers and, where appropriate, the Vendor, against any cost, damage, legal or other expenses in respect of any claim arising from the detachment of the Lot or its removal. If the Agents/Auctioneers so require, the Purchaser agrees to pay to the Agents/Auctioneers a sum to cover the likely damage caused by such removal in the amount so estimated by the Agents/Auctioneers.
18.25 The Agent/Auctioneer gives the winning Bidder every opportunity to satisfy themselves that the goods are described and present. Once goods are removed from the auction Location no claim will be accepted by the Agent/Auctioneer for any claim against the Agent/Auctioneer for any missing Lot or Lots, items or parts of any Lot or Lots.
19. AGENTS/AUCTIONEERS RIGHTS AS REGARDS DAMAGE
In the case of a Purchaser causing damage not covered by condition 18.1-18.25 inclusive, the Agents/Auctioneers shall be entitled to exercise a lien in respect of any and all Lots purchased by the Purchaser until such damage or loss has been paid for in full, whether or not the Lots or any of them have been paid for in full, such loss and damage to be assessed by the Agents/Auctioneers whose decision shall be final. The Agents/Auctioneers’ assessed sum shall be paid by the Purchaser upon receipt of invoice and payment shall be made forthwith, time being of the essence.
20. INSOLVENCY AND DEATH
Where the Agents/Auctioneers conduct a sale on behalf of a Vendor who is an Administrative Receiver, an Administrator or a Liquidator of a limited Agents/Auctioneers or Trustee in Bankruptcy of an individual:
a) The Vendors shall only act as an agent on behalf of the Agents/Auctioneers or bankrupt (as the case may be) and shall be under no personal liability whatsoever in respect of the contract for sale of any Lots;
b) The Vendor, and the Agents/Auctioneers on his behalf, sell whatever right, title or interest the Agents/Auctioneers or the bankrupt may have in the Lot;
c) In the event of any third party proving to have a superior title to 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 Purchaser, neither the Vendor nor the Agents/Auctioneers shall be under any further liability to the Purchaser;
d) If before title to any Lot has passed to the Purchaser, the Purchaser, being an individual, dies or enters into a composition or arrangement for the benefit of his creditors or has a Bankruptcy Order made against him, or being a body corporate, has a Receiver or a Receiver and Manager appointed or goes into administration, liquidation or enters into an arrangement for the benefit of its creditors, then in all such cases the contract for sale for such Lot may be, at the Agents/Auctioneers’ discretion, rescinded without notice to the said Purchaser.
e) Upon rescission, any deposit paid by the Purchaser shall be forfeited and the Agents/Auctioneers shall be entitled to exercise the rights set out in these conditions of sale on the basis of default by the Purchaser.
21. AGENTS/AUCTIONEERS’ RESPONSIBILITIES FOR THE CATALOGUE DESCRIPTIONS
Bidders and Purchasers shall be deemed to have accepted that warranties or guarantees appearing in the Catalogue have been specifically authorised by the Vendors and the Agents/Auctioneers disclaim all personal liability arising there from.
22. HEALTH AND SAFETY AT WORK ACT 1974 (“HSWA”)
22.1 Section 6 (8) of the HSWA – In certain instances it may be necessary for the Purchaser to give a written undertaking pursuant to Section 6 (8) of the HSWA.
22.2 As regards Asbestos / Hazardous Substances it is expressly brought to the Purchaser’s attention that certain types of plant or main service installations could contain asbestos, dangerous chemicals, etc. which if not handled correctly during their removal from the site could be in breach of the HSWA, the Control of Asbestos at Work Regulations 2002, the Asbestos (Licensing) Regulations 1983 as amended and the Control of Substances Hazardous to Health Regulations 1988 (COSHH) or any other current legislation covering the use of such substances in a working environment. All Purchasers must comply with all current legislation and regulation, including the Water Industry Act 1991 in relation to the removal/disposal of waste/trade effluent including hazardous waste and may be required to satisfy the Agents/Auctioneers in relation to their disposal/removal procedures. Where waste materials are removed all work must be undertaken by an approved and licensed contractor.
23. VENDORS TITLE AND UNDERTAKING
The Vendor agrees that all goods will be sold under these Conditions of Sale and that they undertake that they have the title and right to sell the goods either as owner or agent for the owner. Vendor’s undertake to indemnify the Agents/Auctioneers and any Purchaser or third party for all losses liabilities and expenses incurred in respect of and as a result of any breach of this undertaking.
24. SEVERANCE OF PROVISIONS
24.1 If any provision or part-provision of these Terms and Conditions or the Special Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions or the Special Terms and Conditions.
24.2 If one party gives notice to the other of the possibility that any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
25. DATA PROTECTION
We will collect store and use your personal Data securely and in accordance with the Data Protection Act 1998.
26. NO PARTNERSHIP OR AGENCY
Nothing in these Terms and Conditions or Special Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other.
27.1 These Terms and Conditions or the Special Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
27.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or the Special Terms and Conditions or its subject matter or formation (including non-contractual disputes or claims).
SPECIAL CONDITIONS OF SALE
These Special Terms and Conditions of Sale shall be read and construed in conjunction with and in addition to the General Terms and Conditions of Sale attached hereto and in the case of conflict or inconsistency between any of the provisions in the Special Terms and Conditions and the General Terms and Conditions the General Terms and Conditions shall prevail. The following definitions and rules of interpretation apply in these Terms and Conditions.
In the absence of a signed Standard Vendor Contract, it shall be deemed that the General Terms and Condition have been accepted should H&I receive verbal go-ahead from either the Vendor or an Authorised Representative of the Vendor.
If the Vendor removes any Lot(s) or otherwise makes it impossible to conclude the Auction in accordance with these Terms and Conditions then the Vendor accepts they shall be liable for any expenses incurred to the Auctioneer and lost commissions on the Lot(s) and any works carried out in the preparation and running of the Auction to the Auctioneer.
As displayed on the Website sale details page or in the Catalogue
As displayed in the Catalogue
As displayed on the Website sale details page or in the Catalogue
Access to the Location is allowed on the understanding that all persons attend the Location entirely at their own risk and are responsible for and will indemnify the Vendor and the Agent/Auctioneer against any losses damage or claims occasioned by their presence at the Location.
Children under the age of 16 will not be allowed access to the Location.
All bidders must register their details with the Agent/Auctioneer and provide identification where required. In the case of Live Auctions by way of the registration form provided at the Live Auction or in the Catalogue and in the case of Online Auctions, online at the Website.
The General Conditions and the Special Conditions apply to all Sales by way of Auction, private treaty and tender and in the case of any Bids placed by way of an Online Auction stress that all Bidders must have read and understand the terms and conditions of registration provided on the Website.
At the close of the timed Online Auction Sale final Bid figures may be submitted to the Vendor for its approval and any Bid shall be subject to approval and acceptance by the Agent/Auctioneer and/or the Vendor. No Bid may be withdrawn and the Agent/Auctioneer/Vendor does not bind himself to accept the Agents/Auctioneers best Bid or any other Bid placed in the course of the Online Auction Sale.
Where the Auction is a Private Tender Sale all Bids shall be private and at the end of the advertised period shall be submitted to the Vendor for consideration.
On completion of the sale as defined in the Agents/Auctioneers General Terms and Conditions Purchasers will pay:
1) A Buyers Premium which is subject to VAT at the prevailing rate and which is calculated on the actual Purchase paid by Purchasers for each Lot or Lots. The Buyers Premium payable will be displayed on the Website sale details page or in the Catalogue respectively for each Lot or Lots purchased whether by Auction or private treaty or tender. The Buyers Premium is payable by the Purchaser to the Agent/Auctioneer in accordance with the General Conditions and, for the avoidance of doubt is payable in addition to the purchase price for the Lot. The Buyers Premium is not negotiable and is payable by all Purchasers; and
2) Any additional costs as may reasonably be charged by the Agent/Auctioneer in respect of any further administration and/or postage and packing or any further services which may be provided at the Purchaser’s request.
Vendors will pay:
1) An Auctioneers Commission (plus VAT at the prevailing rate) based on the Purchase Price achieved for the Lot(s) as agreed at the time the Vendors Lot(s) are accepted by the Auctioneer/Agent for inclusion within the Live Auction or Online Auction for each Lot or Lots sold whether at the Live Auction, Online Auction or private treaty or tender as the case may be. The Auctioneers Commission is payable by the Vendor to the Agent/Auctioneer on conclusion of the sale of the Lot by the Auctioneer in accordance with the General Conditions and, for the avoidance of doubt this is deducted from the sale price achieved in the Online Auction or the Live Auction or by private treaty or tender.
2) Any further costs as may have been agreed as between the Vendor and the Auctioneer/Agent.
Purchasers shall pay on demand a deposit of 25% (plus VAT) of the purchase price for each Lot purchased as requested by the Agent/Auctioneer pursuant to the General Conditions and these Special Conditions. The Agent/Auctioneer reserve the right to take a deposit by way of a debit card payment from the card presented for registration if the payment terms below are not complied with.
All Lots shall be paid for in full within 48 hours of the conclusion of the sale (as defined in clause 4.10.1 – 4.10.3 of the General Terms and Conditions) and shall be at the Purchaser’s risk immediately thereafter.
Cash – In view of Money Laundering Regulations the Agent/Auctioneer reserves the right to refuse payment in cash. Payments in cash of more than £7,500 will not, in any circumstances, be accepted.
Bankers Draft/ Cheques: (made payable to H&I Ltd) will only be accepted on the basis that any Lots are not removed until cleared funds are in the Agent/Auctioneer`s client account.
Debit Cards: The Agent/Auctioneer accepts debit cards for payment of invoices. Credit cards are accepted subject to a handling fee of 3% – with a minimum fee of £5.00 payable.
All sums payable under the General Conditions and these Special Conditions are exclusive of any applicable VAT for which the Purchaser shall be additionally liable to pay to the Agent/Auctioneer.
All Lots must be cleared without fail by the date as displayed on the sale details page on the Website or in the Catalogue, such date and time being the Clearance Date and Time as referred to in the General Conditions, please see the Agent/Auctioneer’s invoice for contact details. In default of this provision clause 18.6 of the General Conditions will apply. If the allotted time for collection of Lots is exceeded, Agent/Auctioneer shall, at their discretion, apply a £50+VAT per day storage fee which shall be due prior to removal of any Lots.
Collection from site is the Purchaser’s responsibility.
Lots sold subject to a reserve removal will either be indicated in the Catalogue with the date of availability or will be identified by the Auctioneer at the point of Sale. A Deposit will be payable as with other Lots but in this instance payment in full can be left until five (5) Working Days prior to availability. Unless specified to the contrary such Lots must be removed from the Location not later than the Clearance Date and Time specified for final removal in these Special Conditions.
In case of a fire alarm all visitors and contractors are to exit buildings and report to the Muster Point.
No smoking on site. Food and Drink is only to be consumed in designated areas.
All persons including Purchasers, their employees, agents, representatives and contractors are reminded that they are responsible for their own safety on site and enter at their own risk and should take the precaution of wearing protective cLothing as appropriate.
If Purchasers wish to purchase Lots with the help of a finance Agent/Auctioneer they should make arrangements well in advance of the Sale to ensure that they are able to make payment in accordance with the General Conditions.
Overseas Purchasers should ensure that the country to which the items are destined:-
• holds no import restrictions on the goods to be purchased;
• has no import licence restrictions or a restriction on currency allocation;
• has no prolonged inspection procedure which might cause excess delay or refusal in allowing your goods to be imported.
Overseas Purchasers will receive a fully descriptive invoice in order that they may arrange payment as soon as possible with the Agent/Auctioneer’s bank.
Overseas Purchasers should employ a suitable freight forwarding organisation. Please note that many of the machinery removal companies in the United Kingdom are not necessarily freight forwarders. The [Vendor and/or Agent/Auctioneer] will be pleased to advise accordingly.
The Agent/Auctioneer makes no representation and accepts no liability whatsoever to any Purchaser in respect of the issuance or validity of any exportation or importation permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.
VAT Payments and Returns:
All overseas Purchasers (EU and non EU) will be charged VAT at the current rate on each Lot purchased. This will be refunded to the overseas Purchaser as soon as the Vendor receives a copy of the bill of lading as proof of export, providing this documentation is received within 3 months of the sale date. The Vendor is unable to refund the VAT on the Purchaser’s Premium to non EU countries.
Whilst every effort has been made to provide reliable information, Home & Industry do not warrant the information contained herein and prospective Purchasers must satisfy themselves by inspection as to its correctness.