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TERMS AND CONDITIONS OF SALE

1. Offerors bind themselves to observe the Articles and Conditions of Sale and subject themselves to the jurisdiction of the Scottish Courts in all matters pertaining to the sale.

2. Each Offeror to exceed the preceding Offeror in such sums as shall be fixed by the Auctioneer.

3. TERMS

A) GENERAL

No Purchaser shall be entitled to remove any lot or part thereof until full payment has been made to the Auctioneers for every lot purchased. In all cases payment in full must be made not later than seven days from the date of sale or before the date specified by the Auctioneers as the date by which lots must be removed from the ground, whichever is earlier.

B ) DELIVERY ORDERS

Purchasers must produce a Delivery Order at the time of taking delivery of their lots and Delivery Orders will be issued by the Auctioneers only when they are satisfied that payment has been made or, alternatively, when payment is made by cheque and cleared through the Sank subject to 3(b) (1-4) above.

4. Each lot to be at the risk of the Purchaser so soon as called down by the Auctioneer. The smaller lots should be removed immediately after the sale and the larger, lots to be removed from the ground by the date specified with the exception of the lots hereinafter mentioned, the free use of which is reserved as specified, and to be removed immediately thereafter. Purchasers will be held liable to each other for damage done to their respective lots in the removal thereof, the exposer having no liability as regards this, and Purchasers will also be held liable to the exposer for any damage that may be caused to buildings arising from carelessness in such removal.

5. Where the quantity, weight or measurement of a lot is stated in the catalogue the purchaser must either accept the same as correct or have the lot re-counted, re-weighed or re-measured. If he adopts the former alternative, no claim in respect of short quantity, weight or measurement will be recognised. If he adopts the latter and the quantity, weight or measurement be found to be greater or less, the purchase price will be increased or reduced accordingly. No allowance can, in any case, be made, nor shall the exposer be answerable for any deficiency in quantities, weights or measurements claimed for after the purchaser, his agents, carrier, or man employed by him, has removed his lot or lots or any part thereof from the premises.

6. Power is reserved to group together, subdivide, withdraw, or alter the order of sale of any lots, notwithstanding the catalogue arrangements.

7. The catalogue description of all lots, although believed to be correct, is not guaranteed, nor will the exposer be liable for any discrepancy in relation thereto, the position of Offerors being that they must satisfy themselves as to its value before offering for any lot, as no abatement in price will be allowed by the exposer on any ground whatsoever. No guarantee or warranty of any kind is given and all lots are sold as they are and shall be taken with all faults and errors or mis-statements of description, measurement, weight, quantity, quality or otherwise (whether of a substantial nature or not).

8. Any Purchaser failing to implement the foregoing conditions shall forfeit his purchase and the Auctioneer (shall have it in his power to dispose of forfeited lots, either publicly or privately as he may see fit (without process of law or intimation to defaulters) the party failing being responsible for any deficiency arising from the re-sale, together with all expenses incurred.

9. Neither the Vendor nor the Auctioneer will be responsible for any accident or damage to life or limb which may occur prior to or during the progress of the sale or at any time during the removal of lots.

10. The Auctioneer is appointed Judge of the Roup, with power to settle all differences that may arise in relation thereto and also with power to adjourn the Roup of any lot from time to time as he may see cause and to refuse, the bids of any person without describing a reason for so dOing.

11. HEALTH AND SAFETY AT WORK, ETC. ACT 1974

It is expressly brought to the bidder`s attention that, at the time of sale, any item of plant, machinery or equipment contained in the lots may not necessarily comply with the Health and Safety at Work Etc. Act 1974 or any other Act or Acts or Regulations thereunder governing the use of that plant, machinery or equipment in a working environment. Successful Bidders for any such plant, machinery or equipment are hereby required to ensure that the use of any such plant at a place of work within the United Kingdom does not contravene such relevant Act or Regulation thereunder applicable thereto.