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1. The conditions of sale and all other contents of any catalogue are subject to amendment by the Selling Agent by giving notice in any form or manner prior to or during the sale, or by way of an agreement in writing by the parties concerned.
2. The Buyer shall pay 12.5% buyers premium Plus Value Added Tax in addition to the hammer price and Value added Tax (VAT) on the hammer price at the standard rate when applicable.
3. All items listed, as lots shall include all forms of personal property whatsoever whether affixed or fitted to land and are offered for sale subject to these conditions no variation of which shall be valid unless made in writing and signed by a person duly authorised by the seller. Under these conditions the Selling Agent shall be Asset Disposal Solutions t/a Jackson Philips Asset Solutions or their servant or agent who has been appointed to sell any lot. By making a bid for any lot, the person making the bid warrants that he has read, makes his bid upon and agrees to be bound by these conditions and further warrants that he has due authority and capacity to make the bid and binds both himself and their employer or principal to honour any contract resulting there from. Any bid shall be deemed to be an offer by the Buyer (a term used herein to include the bidder and any principal or employee of the bidder) to purchase any lot offered for sale upon these conditions alone.
4. The Selling Agent offers any lot for sale as agent for and on behalf of the person or persons from or through whom the instruction has been received (the Seller) and not on the Selling Agent’s own behalf. Save as otherwise set out in these conditions the sale of any lot shall concluded and be binding at the moment when the lot is knocked down. The highest bid will be accepted save in exceptional circumstances such circumstances to be deemed by the Selling Agent and shall be unchallengeable.
5. The Selling Agent shall have sole and exclusive right at the site of the sale to determine all matters whatsoever concerning the conduct and/or effect of any sale or purported sale and without prejudice to the generality of the foregoing he shall be entitled to resolve disputes between bidders, to reject any bid and to withdraw, divide or consolidate any lots. He will further be entitled to require proof of identity and/or of authority from any bidder.
6. The Buyer, any principal or employee must forthwith identify themselves with appropriate means of identification to the Selling Agent, or the Selling Agents representative and if required to do so pay 25 per cent of the sale price forthwith by way of deposit. The total, less any such deposit must be paid to the Selling Agent at their offices or any other place as directed. Payment in full shall be deemed not to have occurred until any negotiable instrument has been honoured in full (or cash has been paid) such payment to be made within the time and day specified or on the next day as agreed (excluding Sundays). Time of payment shall be of the essence. The Buyer shall not be entitled to remove any lot from its position at the time of sale until the purchase price of that or any other lot purchased at the sale has been paid in full and in default of payment as aforesaid the Selling Agent shall have a lien upon all lots purchased by the Buyer during the same sale and shall be entitled to rescind the sale in respect of any lot or lots for which full payment is not made in the due time, forfeit any deposit paid in respect of them and resell the same without any right of compensation to the Buyer. The Selling Agent will also be entitled to charge the Buyer interest upon any unpaid balances at the rate of 2% above base rate and to charge for storage arising after the given time for removal at a rate of £25.00 per day until he elects to rescind the sale, if at all, which election he may make at any time after such non payment.
7. The title to any lot will remain with Seller until the full sale price and any storage and interest charges incurred have been paid to the Selling Agents, but risk of damage to or loss of the lots by whatsoever cause and in whatsoever circumstances shall transferred to the Buyer at the moment when the lot is knocked down.
8. The Selling Agent warrants that he will only sell lots which he believes to be owned by the Seller or to which the Seller shall be able to pass good title but should it transpire that the Seller’s title to any lot is defective or that the Seller cannot pass good title to the Buyer, the Selling Agent shall be under no obligation to the Buyer other than to use his reasonable endeavours (short of litigation) to procure the transfer of a good title to the Buyer and to assist the Buyer in exercising any remedies that he may have against the Seller.
9. The Buyer shall remove any lot which he has purchased and for which he has paid in full plus any other charges if any, by the time of removal which shall be either the time of payment or the time given by the Selling Agents, which ever shall be the later, but provided that no lot shall be removed without the Selling Agent’s express written consent while the Sale is continuing. The Buyer shall be responsible for the removal of the article and such removal must be carried out safely and lawfully. The use of flame cutting equipment, explosives or any other potentially hazardous or inflammable process shall not be permitted at the site without express written consent. The Buyer accepts liability for claims arising in respect of injury or damage to person or property, whether real or personal, caused by or in connection with the acts or omissions of the Buyer. Buyers must insure against these risks.
a. All sales are made on a Buyer to remove basis. Assistance in the removal of any purchased lots by the Selling Agent’s staff is undertaken totally as a courtesy to clients and will only be undertaken at the Selling Agents discretion. In no event will the Selling Agent’s or the Seller is liable for any loss or damage regardless of cause. (Whilst Selling Agent may provide details of removal contractors those named do not come with any recommendations whatsoever)
b. It is expressly brought to the Buyer’s attention that at the time of sale, any item of plant, machinery or equipment contained in the lot(s) may not necessarily comply with all Health and Safety at Work Act 1974. Environmental Protection Act 1990 or any other Act or Acts or regulations hereunder governing the use of that plant and machinery or equipment in a working environment. Successful Bidders for any such plant and machinery or equipment are hereby required to ensure that the use of any such plant and machinery or equipment at a place of work within the United Kingdom does not contravene such relevant Act or Regulation hereunder applicable thereto.
c. It is expressly brought to the Buyer’s attention that certain types of plant or main service installations could contain blue or white asbestos, dangerous chemicals etc which if not handled correctly during their removal from site could be in breach of the Health and Safety at Work Act 1974 section 2.9 and control of substances Hazardous to Health and Regulations 1988 (COSHH) or any other currant legislations covering the use of such substances in the working environment.
d. All Buyers must comply with all current legislation and regulations in relation to the removal of waste including hazardous waste and may be required to satisfy Jackson Philips Asset Solutions in relation to their disposal/removal procedures. Where waste materials are removed all work must be undertaken by an approved and licensed contractor. The Buyer or his designated removal contractor will not commence any work on his purchase until he has demonstrated to the Selling Agent’s reasonable satisfaction that the requirements of all Health and Safety and CDM (Construction Design Management) Regulations applicable to the removal of the equipment have been fulfilled. The Selling Agent’s decision on this is final. The Selling Agent reserves that the right to request the Buyer pays a bond in respect of potential damage to the premises where the sale has taken place prior to removal (see also item 12)
e. The Selling Agent shall accept no liability for any notification to a bidder by a third party or agent of the Selling Agent of any successful bid if thereafter a higher bid is received during the sale. In all events the Selling Agent’s decision is final.
10. All conditions and warranties as to the condition, quality, description or fitness for any purpose whatsoever of any lot sold by the Selling Agent are hereby expressly excluded. Neither the Seller nor his Agent will be bound by or liable for any representation of any kind whatsoever, whensoever or however made. Neither the Seller or the Seller’s Agent shall be liable for any loss or damage whether caused by negligence or otherwise of either or both of their servants or agents and without prejudices to the generality of the foregoing neither the Seller or the Seller’s Agent shall be liable for any loss of profit, business or production or similar or other loss whether direct or indirect or consequential however caused.
a. In the circumstances any potential Buyer should rely solely and exclusively upon their own inspection of any lot and should not treat statements made in sale particulars on, before and during the sale by the Seller or the Selling Agent either as representations or to be relied upon. N.B a sale by auction is not a consumer sale - Unfair Contract Terms Act 1977 Section 12(2). 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 Selling Agent, his servants and agents have no authority to make representations.
b. The Buyer of a motor vehicle is responsible for complying with the provision of the Road Traffic Act 1972 and all relevant regulations made under section 40 thereof (including the Motor Vehicles (Construction and Use) Regulations 1973) and any statutory modification thereof.
c. Furniture & Furnishings (Fire Safety) Regulations (1988) lots sold where they are applicable to this act are sold on the understanding that the vendor(s) does not represent them as being in a condition which makes them suitable for domestic use. Buyers are reminded that if nevertheless any of the goods or articles are intended to be supplied in due course for domestic use. Buyers shall before supplying them for such use, ensure that they comply with the regulations required under the Furniture & Furnishings (Fire & Safety) Regulations1988.
11. The Buyer hereby undertakes to ensure that any lot he purchases will be used moved or displayed whether at the site of the sale or elsewhere only when they have ensured that such use and /or movement and/or display is lawful and safe.
12. Should a Buyer, by themselves, their servant or agent cause damage to the site of the sale or damage to or loss of any lot thereat, the Selling Agent shall be entitled to exercise a lien in respect of any and all lots purchased by the Buyer until such damage has been paid for in full, whether or not the lots or any of them have been paid for in full, such loss or damage to be assessed by the Selling Agent whose decision shall be final and unchallengeable. The Selling Agent’s assessed sum shall be paid by the Buyer upon receipt of invoice therefore and payment shall be made forthwith, time being of the essence.
13. If, before title to any lot has passed to the Buyer thereof, the Buyer, being an individual dies enters into a composition or arrangement for the benefit of their creditors or has a Receiving Order in Bankruptcy made against him or being a body corporate has a Receiver or a Receiver and Manager appointed or goes into liquidation or enters into a composition or arrangement for the benefit of its creditors, then contract for the sale of such lots shall be automatically and without notice rescinded unless the Selling Agent elects otherwise within 2 working days of written notice of such an event. Upon rescission any deposit paid by the Buyer shall be forfeit and the Selling Agent shall be entitled to exercise the rights set out in condition 6.
14. If a Buyer is permitted to take possession of any lot before the full sale price has been paid the Seller and/or Seller’s Agent shall be entitled to enter upon any premises of the Buyer or under the Buyer’s control in order to repossess such lot.
15. If before title passes to the Buyer under these Conditions the Buyer nevertheless purports to resell or otherwise dispose of the lot or any interest therein, the Buyer shall hold the proceeds of such a sale or other disposition upon trust for the Selling Agent and the Seller jointly until title has passed to the Buyer under these Conditions if at all, and in the meantime the Buyer shall not deal with, charge or dispose of such proceeds except with written consent of the Seller or the Seller’s Agent.
16. These Conditions shall be considered in accordance with and governed by English Law save in respect of sales in Scotland and Northern Ireland, which shall be constituted in accordance with and governed by Scottish and Northern Irish Law respectively. The Uniform Law on the International Sale of Goods shall not apply to this contract and the application of the United Nations on Contracts for the International Sale of Goods of 11 April 1980 shall be excluded.
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