AUCTIONEERS’ REMARKS AND SPECIAL NOTICES

1.       We are pleased to have been instructed by D.J. and J. R. Denny to conduct a sale by auction of the farming machinery and equipment at Coldham Hall Farm, Redenhall

2.       A refreshment van will be in attendance.

3.      VAT will be added to all purchases unless indicated. If you are in doubt about the VAT     status of any particular item please contact the auctioneer for clarification. 

4.      Those intending to purchase, who are not known to the Auctioneers, should arrange to either pay in cash or make arrangements with the Auctioneers’ Beccles Office at least 7 days prior to the sale.

5.      Purchasers are required to remove their goods from the sale meadow by Tuesday 16th September

6.       REGISTRATION:     Bidding will be by Buyer’s number only.  All prospective purchasers must register with the auctioneers at the premises on Monday 8th September 1.30 p.m. – 5.00  p.m. or on the morning of the sale providing name, address and providing proof of identity. 

7.      Viewing:  Monday 8th September 1 p.m. – 5 p.m.  or on the morning of the sale. 

9.      Payment by cash,  cheque, debit or credit card.    American Express NOT accepted.  A surcharge of 2% is payable on credit card transactions.

10.     No Buyer’s Premium will be charged at this sale.

11.     Sale day telephone number:  07803089558 or 07769 584177.

CONDITIONS OF SALE

FIRST The highest approved bidder shall be the purchaser.  No bidding to be retracted. Each purchaser shall give up his (or her) name and address when asked for.  Should any dispute arise between two or more bidders, the lot in dispute shall be put up again and resold; and the Auctioneers reserve to themselves the right of refusing any person's bid, and shall be the sole Arbitrators on any matter is dispute during the sale.  The vendor also reserves the right to bid by his agent.

SECOND The full purchase money for each lot shall be paid for at the fall of the hammer (if required) or directly after the close of sale.  Each and every lot shall immediately on the fall of the hammer be considered as delivered, and shall remain in every respect at the absolute risk of the respective purchaser or purchasers thereof, and shall be removed from the place of sale at the purchaser's expense, and taken with all faults and errors of description, the Auctioneers not being answerable for the authenticity, genuineness, or completeness of any lot.  All stock are sold without any warranty, expressed or implied, or guaranteed whatsoever.  In cases where weights, measurements or quantities are given, they are such as were arrived at in making up lots for sale, and are believed to be, and are taken as correct, whether more or less; and the Auctioneers, acting as agents only will not be hold themselves liable for the withdrawal of any lot or lots from the sale.

THIRD No lot or lots shall be removed from the premises on which the sale is held till paid for, nor without a delivery order or pass.  The Contract of Sale is to be deemed in all cases as made exclusively with the Auctioneers and not with the owner of the goods and payment is to be made to them or their clerk only.  Credit will not be given, and persons unknown to the Auctioneers, who desire to pay by cheque must bring a Banker's reference or have made special arrangements with the Auctioneers at least 7 days prior to the sale date.  If any person purchases more than one lot is shall be deemed one entire purchaser, and no lot or portion of a lot can be delivered to any purchaser before the purchase money be paid for all the lots.  No lots will be transferred.

FOURTH If any purchaser fails to comply with the above Conditions, or any of them, the Auctioneers shall be at liberty wither to recover in full the amount of the lot or lots, bought by such purchaser, without reference to any delivery of the lot or lots, other than the first delivery by the fall of the hammer; or to resell any lot or lots bought by such Purchaser either by public or private sale, and the full amount of the purchaser money at the present sale, or the deficiency (if any) arising from such second sale together with all expenses, costs and charges attendant thereon shall be made good by the defaulter at the present sale and be recoverable as and for liquidated damages.

FIFTH Neither the vendors nor the Auctioneers will be held responsible for any injury, damage or accident caused to persons or their property whilst at the property.  This is private property and persons enter the premises at their own risk.

SIXTH  Health and Safety at Work Act 1974   The goods are sold as articles for use at work; they are sold on the understanding that the vendor does not represent them as being in a condition which makes them suitable for use at work.  The purchaser is reminded that if, nevertheless any of the goods or articles purchased are intended by him to be supplied in due course for use at work, the purchaser shall, before so supplying them for such use, take such steps as are necessary to ensure, as far as reasonably practicable, that such goods or articles will be safe and without risks to health when properly used and should carry out or arrange the carrying out of such testing and examination as may be necessary to enable him to carry out the obligations required by the Health and Safety Act 1974.

SEVENTH:  MONEY LAUNDERING REGULATIONS:   In order to comply with current anti-money laundering legislation we are unable to accept cash payments over £8,000.  Any purchaser wishing to pay cash for any purchase over £1,000 may be asked for identification, e.g. Passport or photo driving licence.

CONDITIONS OF SALE FOR LIVE BIDDING

1. DEFINITIONS

In these conditions the following terms have the following meanings unless inconsistent with the context:

“Auctioneers” means Durrants Auctioneers

“Host” means iBidder.com – The host website portal for this auction.

“Commission” means the commission charged on the sale of Lots

“Conditions” means the standard terms and conditions of business set out in this document

“Lots” means all or any machinery and other items sold or intended to be sold in accordance with these conditions

“Purchaser” means a person, firm or Company who purchase any Lot

“Vendor” means a person, firm or Company who puts forward any Lot intended to be sold at the sale

“Sale” means a sale of the Lots by auction from time to time organized by the auctioneers

“Storage Location” means Coldham Hall Farm, Redenhall, Norfolk

“Sale price” means the price at which a Lot is sold to the winning buyer.

“Sale Proceeds” means the net amount due to the Vendor being the Sale price of the lot sold less commission and expenses and any other amounts due to the Auctioneer by the Vendor in whatever capacity and howsoever arising

“Reserve Price” means the minimum price fixed by either the Auctioneers or Vendor at which any Lot is to be sold at the sale

“Auction Period” means the duration of the timed auction as advertised. Any time periods running from the end of the Auction Period commence at the closing time of the Auction Period.

Except where the context otherwise requires words denoting the singular include the plural and vice versa; words donating one gender includes all genders, words denoting persons include corporations.

2. CONDITIONS OF SALE

All persons registered to bid at the Sale in any capacity are deemed to bid on the understanding that they have read and understood these Conditions. These Conditions may be supplemented or superseded by Special Conditions applicable to specific Sales, any such special conditions will be noted within the descriptions of specific lots.

3. HEALTH AND SAFETY

(i)All persons viewing a lot do so at their own risk and with notice of the condition of the premises and their contents.

(ii)All persons viewing a lot are hereby made aware that there may be significant risks on the Storage Location including moving machinery and equipment; Caution should be exercised at all times and children and animals/pets must be fully supervised at all times.

(iii)All persons viewing a lot must take notice of all specific health and safety notices on display at individual sites. If in doubt, please consult the Auctioneer in charge.

(iv)Any accidents or incidents that occur on the Storage Location must be immediately reported to Durrants and the Vendor and details recorded in the appropriate accident books. No powered machinery or equipment should be started without the prior approval of the Auctioneers or the vendor.

(v)Any vehicles brought onto the Storage Location to collect lots should be operated with extreme caution and within a 5mph speed limit. Loading using machinery should only be undertaken by suitably qualified and experienced operators.

(vi)The Auctioneers shall have the right at their discretion to refuse admission to their premises or those of their clients by any person.

4. AUCTIONEER’S STATUS

(i) The Auctioneers sell as agents for the Vendor except where they are stated wholly or partly to own any Lot as principal.

(ii) The parties to the contract of sale are the Vendor and the Purchaser and the Auctioneers as such are not responsible for any default by Vendor or Purchaser.

(iii) The Auctioneers includes any employee or agent of the Auctioneers who at the relevant time has the authority to conduct an auction sale.

5. EXCLUSION OF LIABILITY

(i) The Auctioneers shall not be liable for any expense, loss, claim or proceedings in respect of any loss or damage whatsoever to any property real or personal (including any Lots) whether incurred before, during or after the Sale.

(ii) The Auctioneers shall not be liable for any expense, loss, claim or proceedings in any respect or personal injury to or death of any person arising out of or in the course of or caused by the Sale, except to the extent that the same is due to the negligence of the Auctioneers, their servants or agents.

6. WARRANTY

In case of dispute as to the interpretation of these Conditions the decision of the Auctioneers shall be final and binding on all parties save as provided for in Clause 18.

7. RESERVATIONS

(i) The Auctioneers sell as agent for the Vendor and as such are not responsible for any default by the Vendor or Purchaser.

8. CATALOGUES AND ADVERTISEMENTS

The Auctioneers cannot guarantee that any Lot described in any Catalogue or advertisement nor that any description therein contained can be relied upon as accurate. Any illustrations in Catalogues are for general identification only.

9. RESERVE PRICE AND BIDDING

(i) The Purchaser shall be the person who makes the highest bid acceptable to the Auctioneers.

(iii) No bidding shall be retracted. The bidding increments will be regulated by the Auctioneers.

(iv)All Lots must be inspected by the Purchaser who bids on the understanding that he has inspected (or is deemed to have inspected the Lot for which he is bidding and agrees to take it with all faults and imperfections (subject to Clause 20).

(vi) The Auctioneers may without giving any reason, refuse to accept the bidding of any person.

(vii)The Auctioneers and/or the Vendor reserve the right to fix a Reserve Price for any lot.

10. PAYMENT

(i)All Purchasers must register their names and addresses before they are permitted to bid in an online sale, The Auctioneers reserve the right to reject or terminate any registration at its sole discretion.

(ii)On conclusion of the Auction period Durrants will notify the buyer by email to confirm:

(a)That the Buyer is the winning bidder

(b)The amount of the successful bid

(iii)Attached to the notification email will be an invoice for the amount of the winning bid plus any relevant commission and VAT.

(iv)All lots must be paid for within 5 working days of the conclusion of the Auction period.

(v)The Auctioneers may at their absolute discretion, agree to accept payment by such other means or such other manner as they see fit.

(vi)All payments must be made by either Cheque, Bankers Draft, Postal Order, Debit Card, Credit Card (subject to an additional 2%), BACS or CHAPS.

11. RESERVATION OF TITLE

(i) The Auctioneers shall ensure that the title in the Lot remains vested in the vendor (or Auctioneers as Agents of the Vendor) until payment in full has been made. If the Vendor has been paid, but the goods not paid for the title remains with the Auctioneers, until full payment has been made.

12. RESPONSIBILITY FOR LOTS

After the close of the sale such risk and duty shall devolve upon the Purchaser.

13. VALUE ADDED TAX ON PURCHASE PRICE

VAT at the standard applicable rate will be added to the sale price of all lots unless they are exempt. If you are unsure as to the VAT status of any lot please telephone 01379 646602

14. WARRANTY AND INSPECTION OF GOODS

Potential purchasers who do not inspect lots prior to bidding, do so at their own risk.

The condition and function of an item should be confirmed by the bidder, prior to bidding. As there will be NO Refunds or Allowance given after the closure of the bidding process. Your bid is your commitment to purchase. Not to view or negotiate after the sale.

Transgression of these rules will be reported to i-bidder and the bidder will be blocked from taking part in any future i-bidder sales.

No warranty is offered or implied. Each lot is bought and sold as seen.

Viewing of all lots at Coldham Hall Farm on Monday 8th September 2014 2pm - 5pm

Contact Details:

Durrants

2b Market Hill

Diss

Norfolk

IP22 4JZ

Tel: 01379 642233

Email: richard.prentice@durrants.com

Auctioneer: Richard Prentice

Website: www.Durrants.com