Important Information
Terms & Conditions
1. DEFINITIONS
1.1. In these conditions the following terms have the following meanings, unless
inconsistent with the context.’
‘Auctioneers’ means Cheffins of Clifton House, 1-2 Clifton Road, Cambridge,
CB1 7EA and Clarke & Simpson of Well Close Square, Framlingham, Suffolk,
IP13 9DU. ‘Commission’ means the commission charged on the sale of Lots in
accordance with Clause 2 below.
‘Conditions’ means the standard terms and conditions of business set out in this
document.
‘Lots’ means all machinery and all other items sold or intended to be sold in
accordance with these Conditions.
‘Purchaser’ means a person, firm or company who purchases lots. ‘Vendor‘
means any person, firm or company who puts forward lots intended to be sold
at the Sale.
‘Sale Day’ means the day fixed by the Auctioneers for an auction and where the
context so requires means the day fixed for the auction in which a particular lot
is entered. ‘Reserve Price’ means the minimum price fixed by either the
Auctioneers or the Vendor at which Lots are to be sold at the Sale.
1.2. Except where the context otherwise requires words denoting the singular
include the plural and vice versa; words denoting one gender include all genders;
words denoting persons include corporations and vice versa.
2. RESERVE PRICE & BIDDING
2.1. The auctioneers and/or the vendor reserve the right to fix a Reserve Price for any
lot and withdraw that lot in the event that the highest bid price does not meet
the reserve price.
2.2. The vendor may bid for any Lot either personally or through the auctioneers or
through any other person and may withdraw any Lot any time before the sale
of such a Lot.
2.3. The Auctioneers may without giving any reason refuse to accept the bidding of
any person. In the case of a dispute as to any bid, the Auctioneers may forthwith
determine the dispute or put up the Lot again at the last undisputed bid or
withdraw the Lot.
2.4. No person may advance less at a bid than a sum to be named from time to time
by The Auctioneers nor be allowed to retract a bid.
2.5. The highest bidder for each Lot shall be the Purchaser of that Lot.
3. AUCTIONEERS AS AGENT FOR VENDOR
3.1. The Auctioneers sell as Agent for the Vendor and as such are not responsible for
any default by the Vendor or Purchaser.
3.2. In the event that a Purchaser fails to pay the purchase price for the Lot in
accordance with these Conditions and the Auctioneers have previously advanced
to the Vendor of such Lot an amount representing such purchase price the
Vendor shall forthwith at the request of the Auctioneers assign all and any of his
rights against the Purchaser in respect of the unpaid purchase price to the
Auctioneers and shall execute such documents as may be required by the
Auctioneers to give effect to such an assignment and further, shall give
reasonable co-operation to the Auctioneers in any action, claim or proceeding
brought or threatened by the Auctioneers against the Purchaser.
4. RISK
4.1. All Lots remain at the Vendor’s risk until sold and following such sale shall be at
the Purchaser’s risk.
4.2. The Purchaser is on risk once the hammer falls and is strongly advised to effect
insurance at once. Upon the fall of the hammer, the Purchaser shall assume all
risks in and relating to such lots. The Purchaser is advised to effect in respect of
all such risks arising thereafter any insurance it may consider necessary. The duty
of the Auctioneers and/or the vendor to deliver lots shall be deemed performed
upon the fall of the hammer even if a lot is subsequently and/or part thereof has
been lost.
5. CONFIRMATION OF OWNERSHIP
5.1. The vendor warrants to the Auctioneers and to the Purchaser:-
5.2. That he is the true owner of the Lot or is properly authorised to sell the Lot by
the true owner.
5.3. Is able to transfer a good and marketable title to the lot free from any third party
claims liens and encumbrances and that all entries on the entry form are correct.
5.4. That no Lot is subject to any hire purchase, lease, contract hire agreement or any
other finance agreement or contract.
5.5. That the auctioneers have been notified in writing if any of the items on this
form, or any continuation form, have been recorded by any insurance company
as a write-off or having been subject to a major insurance claim.
6. REMOVAL OF LOTS FROM THE SALE
6.1. All lots whether sold or unsold may not be removed from the sale site without
a pass for the removal of Lots. Passes can be obtained from the Auctioneers’
offices. All Lots must be checked out by the security.
6.2. All lots purchased must be cleared from the sale site on the day of sale unless
otherwise stated in the catalogue.
7. EXCLUSION OF LIABILITY
7.1. The auctioneers shall not be liable for any expense, loss, claim or proceedings
in any respect of any loss or damage whatsoever, to any property real or
personal (including all lots) whether incurred before, during or after the sale.
7.2. The Auctioneers shall not be liable for any expense, loss, claim or proceedings
in any respect of personal injury to or death of any persons 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.
8. DETAILS OF PURCHASERS AND PAYMENT
8.1. All purchasers are required to Register for a bidding number before the auction
at the Auctioneers’ office.
8.2. All lots must be paid for on the day of the sale by the Purchaser.
8.3. Any interest earned on client’s monies will be retained by the auctioneers.
9. INSPECTION OF GOODS
9.1. All lots are sold with all faults and errors of description Purchasers should satisfy
themselves prior to sale of the Lot as to the condition of each Lot and should
exercise and rely on their own judgement as to whether the Lot accords with its
description. Neither the Auctioneers, their servants or agents are responsible for
errors of description or for the genuineness or authenticity of any Lot; unless
otherwise stated no warranty is given by the Auctioneers, their servants or
agents or by any Vendor to any Purchaser in respect of any Lot and any express
or implied conditions or warranties are excluded to the fullest extent permitted
by law.
9.2. The Auctioneers may at their discretion or upon the instruction of the Vendor
alter or withdraw all or any lots referred to in the auction catalogue up to the
moment at which the hammer falls in relation to such lot(s).
10. AUCTIONEERS’ RIGHT TO ANNUL SALES
10.1. In the event of any dispute or refusal to pay or of non-payment on the part
of the Purchaser, the Auctioneers may, entirely at their discretion, annul and
cancel the sale of such lot or lots.
11. RESERVATION OF TITLE
11.1. If the Auctioneers allow the Purchaser to remove the Lot from the sale site
before the Purchaser has made full payment for the Lot then title to the Lot
shall remain vested in the Vendor.
11.2. If the Auctioneers pay the Vendor the price of the Lot before the Purchaser
has paid the price to the Auctioneers, title to the Lot shall pass from Vendor
to the Auctioneers and shall remain with the Auctioneers until full payment
has been made by the Purchaser to the Auctioneers, when title shall pass to
the Purchaser.
11.3. Notwithstanding that the title has not passed to the Purchaser all risk of
damage to the Lot shall pass to the Purchaser immediately upon sale (the fall
of the hammer).
11.4. The Purchaser shall until payment has been made in full keep the Lot in good
marketable condition and readily identified and shall indemnify the Vendor or
the Auctioneers as the case may be for any damage.
11.5. In the event of any sale by the Purchaser of a Lot before full payment has
been made the Purchaser shall hold the proceeds of such sale on trust for the
Vendor or the Auctioneer (as the case may be) and shall pay such proceeds
into a separate identifiable bank account.
11.6. At any time before the title to the Lot has passed to the Purchaser, the
Vendors or the Auctioneers (as the case may be) including the Auctioneers
acting as agents for the Vendor shall have the right to enter upon the
Purchasers property for the purpose of recovering the Lot.
12. COMPLIANCE WITH ROAD TRAFFIC ACTS
12.1. The Purchaser of any vehicle or trailer is responsible for complying with all
legal requirements as to the construction and the use of such vehicle or trailer
and for obtaining all certificates, permits or other authorisations necessary
before such vehicle or trailer can be used on the road.
13. HEALTH AND SAFETY AT WORK ACT 1974 AND ALL OTHER ACTS AND
REGULATIONS APPLICABLE TO FARM SAFETY
13.1. The Purchaser of any lot is responsible for complying with all legal
requirements as to the safe use of lots purchased at the Sale and shall ensure
compliance with all relevant legislation relating to the safe use of such lots.
14. TRADES DESCRIPTIONS ACT 1968
14.1. The vendor is reminded that under the terms of the Trades Descriptions Act
1968 the Vendor of any Lot to which a false description is applied may be
guilty of a criminal offence punishable by fine or imprisonment.
15. GOVERNING LAW AND JURISDICTION
15.1. For the avoidance of doubt all contracts entered into between the Purchaser
and Vendor and between either of them and the Auctioneers on the basis of
these standard terms and conditions of business are governed by the laws of
England and Wales and the parties hereby submit to the non-exclusive
jurisdiction of the English Courts.
CHEFFINS
CLARKE & SIMPSON