Wooden pallet crate containing 6x 6ftx2ft wooden top metal legged folding trestle tables. V

TERMS AND CONDITIONS OF SALE – MACHINERY

1. INTRODUCTION

The following defining terms are used in these conditions:-
“Auction” Means any auction conducted by Clarke and Simpson Auctions Ltd either at the premises owned by them or elsewhere (including any internet based auction);
“Auctioneer” Means Clarke and Simpson Auctions Ltd auctioneer or i-Bidder/ Bid Spotter as appropriate;
“Bidder” Means a bidder at an auction, including the bidders personally present at the venue and those bidding by telephone or over the internet or otherwise;
“Buyer” Means the bidder whose bid was the last bid when the auctioneer concludes the bidding;
“Conditions” Means these Terms and Conditions of Sale, together with the Important Information;
“Hammer Price” Means the level of bidding reached (at or above any reserve) when the auctioneer brings the bidding to a close;
“Lot” Means any property accepted by Clarke and Simpson Auctions Ltd for offer at auction;
"Vendor" Means the individual or other party offering a lot for sale.

2. DESCRIPTION

No warranty is given or implied by the description in the catalogue. Each lot is sold in its condition at the time of sale with all faults, defects, imperfections and errors of description (if any). Whilst every endeavour has been made to describe the items adequately and properly, the buyer shall deemed to have satisfied themselves as to the condition. Please note that this is a trade sale and a number of the items have been in storage for some time. All lots are untested and sold as they are, as a result lots will need recommissioning, repair or only be suitable for parts. All catalogues and Buyer’s guides are for information only and do not form part of the contract.

3. VARIATION OF LOTS

The auctioneers reserve the right to withdraw, consolidate or divide any lot or lots or submit them in any order that they deem desirable. The auctioneers will use every endeavour to ensure that all lots listed in the catalogue are presented for sale but cannot accept any responsibility for the lots not being presented. Nor can they entertain any claim for expenses incurred in abortive attendance at the sale.

4. THE AUCTION

All auctions are conducted at the absolute discretion of the auctioneer. This is a trade auction and a number of the items have been in storage for some time. All lots are untested and sold as they are, as a result lots may need recommissioning, repair or only be suitable for parts. The auctioneer shall conduct the auction with reasonable skill and care. The vendor reserves the right to sell subject to reserve price in respect of all lots. What constitutes a bid shall be at the absolute discretion of the auctioneer, acting with appropriate skill and care. The auctioneer shall have the right to refuse any bid in all cases but most notably when such a bid does not exceed the previous bid by at least 10% or such a proportion as the auctioneer shall in his absolute discretion direct. Where two or more bids at the same level are simultaneously received by the auctioneer, the auctioneer at his absolute discretion shall determine which bid to prefer. Subject to the foregoing where two or more bids are at the same level are simultaneously received by the auctioneer, any bid submitted in the room shall take preference over a bid submitted by telephone or internet at the same level. Any bid made or attempted by telephone or over the internet will only be deemed to have been made if received by the auctioneer. The auctioneer has the right at his absolute discretion to refuse admission to his premises or attendance at (or participation in) any auction by any person. In the case of any dispute, the auctioneer shall be sole arbitrator in any matters arising during or out of the sale.

5. BIDDERS

All bidders will be required to register their particulars. By registering for this auction, bidders are confirming that they are trade buyers. All bidders accept full liability for all bids submitted. Subject to the clause in this document headed “The Auction”, the highest bidder at the close of bidding shall be the buyer. Any dispute about a bid shall be settled at the auctioneer’s absolute discretion. Bidders are all deemed to act as principles unless there is prior written acknowledgement by the auctioneers that a bidder is acting as an agent for a named principle. Bidders are strongly encouraged to study the photographs in detail. Bidders shall be responsible for any decision to bid for a particular lot and shall be deemed to have satisfied themselves as to condition. The auctioneers or their employees or agents shall not be responsible for any neglect or default in doing or failing to do so. Buyers must satisfy themselves as to all matters. The auctioneers, their employees or their agents or the vendor accept no liability for the correctness of specific opinions and all conditions and warranties, expressly, implied or statutory are hereby excluded.

6. PAYMENT

All lots shall be paid for upon receipt of invoice Payment should be made by BACS or debit card. Debit card payments will only be accepted on a chip and pin basis with the cardholder present. After the fall of the hammer, the lot shall be at the buyer’s risk. It is expressly stated that the auctioneers will not be responsible for its safe custody. Due to Money Laundering Regulations 2007, the auctioneers cannot accept cash payments in excess of £8,500 (inc. VAT) from any one person. All money received will be held in Clarke & Simpson Auctions Limited Clients Account at Barclays Bank plc, 4 Church Street, Woodbridge, Suffolk. Account Number 83428591. Sort Code 20 98 07.

7. OVERSEAS PAYMENTS

Overseas payments should be made by inter-bank transfer using Swift to Barclays Bank plc, 4 Church Street, Woodbridge, Suffolk. Sort Code 20 98 07, quoting Clarke and Simpson Auctions Ltd, Clients Account number 33222276. IBAN Code: GB89 BUKB 2098 0783 4285 91. SWIFT CODE: BUKBGB22.

8. INVOICE ALTERATIONS

Clarke and Simpson Auctions are not able to change or amend any invoice. Buyers should be entirely clear that this includes changing the VAT status of the buyer, or the name and address of the buyer. It will not be possible to transfer lots between buyers and there are no exceptions to this rule.

9. DEFAULT

The auctioneers shall act as agent of the vendor only. Any contracts for the sale of a lot shall be formed between the vendor and the buyer. As agents only, the auctioneers shall not be responsible for default by the vendor or the buyer. If any lot is not paid for in full and taken away in accordance with these conditions, or there is any other breach of the conditions, then the auctioneers, as agent for the vendor, shall at their absolute discretion and without prejudice to any other rights they may have, be entitled to exercise all or any of the following rights and remedies:-
a. to proceed against the buyer for any action of debt or damages for breach of contract;
b. to rescind the sale of that lot or lots sold by Clarke and Simpson Auctions Ltd to a defaulting buyer;
c. to resell the lot (by auction or private treaty) in which case the defaulting buyer shall be responsible for any resulting deficiency in the total amount due (after crediting any
part payment and adding any resale costs), any possible surplus so arising shall belong to the vendor;
d. to remove, store and insure the lot at the expense of the defaulting buyer and, in the case of storage, the location of such storage shall be at Clarke and Simpson Auctions Ltd discretion;
e. to charge interest at a rate of 2% per month of the total amount due to the extent that it remains unpaid for more than two working days after the sale;
f. to retain that or any lot sold to the defaulting buyer until the buyer pays the total amount due;
g. to reject or ignore bids from the defaulting buyer at future auctions or to impose conditions before any such bids are accepted;
h. to apply any proceeds of sale for any other lots due or in the future becoming due to the defaulting buyer towards the settlement of the total remaining due.

10. INDEMNITIES, PENALTIES AND LIMITATIONS OF LIABILITY

Buyers shall pay for any damage done by themselves or their agents during the removal of
their lots. Attendance at the site shall be at the risk of those attending in respect of both themselves and to their goods and vehicles. Any indemnity under these conditions will extend to all actions, costs, expenses, claims and demand whatsoever suffered or incurred by the person entitled to the benefit of it and the auctioneers declare themselves to be a trustee of the benefit of such indemnity so far as it is expressed to be the benefit of its employees and agents. Whilst the auctioneers endeavour to ensure that the information on their websites is correct, neither party warranty the accuracy and completeness of the material on their website. Also the auctioneers can make changes to the material on their website, or alter the products and prices described on it, at any time without notice. The material on the website may be out of date, the auctioneers make no commitment to update such material. All material on the websites is provided “as is” without any conditions, warranties or other terms at any time. Accordingly to the maximum extent permitted by law, the website is provided to all parties on the basis that the auctioneers exclude all representations, warranties, conditions and other terms which, but for this legal notice, might have effect in relation to the website.

11. ELECTRICAL SAFETY AND OTHER REGULATIONS

All electrical lots are untested and therefore may require recomissioning, repair or only suitable for parts and as such may only be purchased by a trader who is in the business of repairing or reconditioning such items to comply with any regulations.

12. GENERAL MATTERS

Any notice to any buyer, vendor, bidder or viewer may be given by first class mail or email in which case it shall be deemed to have been received by the addressee forty-eight hours after posting or sending. All notices to the auctioneers must be sent in writing and email is not acceptable. Any indulgence extended to any person by the auctioneers notwithstanding the strict terms of these conditions or the terms of consignment shall affect the position at the relevant time only and the respect of that particular concession only; in all other respects these conditions shall be construed as having full force and effect. Their conditions and any disputes or claims arising out or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the agreement or its subject matter or formation (including non-contractual disputes or claims).

13. PUBLICITY

Any catalogue and buyer guide are provided for information only and do not form part of these conditions. The catalogue and the buyer guide may contain additional terms and conditions. The auctioneers reserve the right to use any photographs, background information and research for publicity purposes both before and after the sale. This includes publication on their website and social media.

14. BUYERS FROM OUTSIDE THE UK

In the context of this sale, this also includes buyers from Northern Ireland following the UK’s withdrawal from the EU.

a. A VAT deposit equivalent to UK VAT rate (20%) will be charged on all lots purchased by buyers outside the UK, regardless of whether the buyer has purchased from Clarke & Simpson before.

b. This will be refunded upon valid commercial documentary evidence confirming export from the UK and full traceability provided by the purchaser as to the destination of the items together with

c. The Purchaser’s VAT/FISCAL Number (which will be verified with UK Customs & Excise).

This must be provided within ten working days of the sale date to qualify for a refund.

d. Refunds of VAT deposits will be dealt with under H.M. Customs and Excise regulations as set out in the current Notice 703. The minimum requirement of
satisfactory evidence of export required to allow a refund is an original Bill of Lading or Certificate of Shipment issued by a recognised Shipping/Transport Company or a S.A.D. stamped by Customs & Excise and clearly identifying the goods which have been exported.

e. If the purchaser is unable to provide Clarke & Simpson with any of the above information, VAT at the standard UK rate will be payable.

15. EXPORT OF GOODS

a. The preparation for machinery for export, including cleaning, obtaining phyto-sanitary certificates and completion of export paperwork, will be entirely at the buyer’s cost.

b. Clarke & Simpson will not undertake the preparation for export detailed above.

c. This work must be carried out by an appropriate shipping agent such as James P Dixon Ltd and may involve them removing machinery to their site. Please contact them directly for a quotation on 01359 258034.

16. INSURANCE OF GOODS

All buyers must be entirely clear that they are solely responsible for insuring purchased goods.

17. FARM SAFETY AND OTHER REGULATIONS

The attention of buyers of agricultural tractors and machinery is drawn to the provision of the Health & Safety at Work Act 1974, the Agricultural (Field Machinery) Regulations 1962, Agricultural (Tractor Cabs) Regulations 1974 and all other acts and regulations applicable to safety. Buyers are reminded of the provisions of the above Acts regarding the safety of machinery and equipment, and that some of the items sold may not immediately comply with the regulations issued thereunder. It is an offence to use any items which does not comply with the regulations laid down in the Acts and Regulations and accordingly, it is a condition of the contract of sale relating to such items that any buyer shall satisfy himself as to any statutory requirement for the use of any item and no liability shall rest with the vendors nor the auctioneers.

18. HEALTH AND SAFETY PRECAUTIONS

Those persons attending the site are advised to take all reasonable precautions to avoid accidents. We have a duty to strive to improve safety for both our staff and the public wherever possible and the following precautions must be adhered to by all those entering any site.
a. No vehicles to be left running.
b. Please note that the speed limit at the site is 5mph. Please be aware of pedestrians.
c. Smoking is not permitted on the site.

d. Pedestrians to maintain a distance of 4meters from any operating forklift truck.

These rules apply to everyone attending the site with no exceptions. Failure to observe these and other safety precautions or other acts of recklessness could result in exclusion from the site on a temporary or permanent basis. All mechanical loading and unloading takes place at the purchasers' risk.
PERSONS ATTENDING THE SITE DO SO AT THEIR OWN RISK.

19. BUYERS' PREMIUM

All purchases will be subject to a Premium of 18% of the hammer price plus Vat.
All purchases made via anu online portal will be subject to an Internet Surcharge of 2% plus VAT on the hammer price.

VAT at the standard rate will be charged on all Buyers’ Premium and Internet Surcharge.
Please be entirely clear that the Auctioneer’s decision is final in this regard.

20. TITLE

The vendor undertakes that the items entered for the sale are their sole property and are not subject to any hire purchase, lease, contract hire arrangement or any other contract, and that they shall abide by these Standard Terms and Conditions of Sale. The vendor further warrants that all the information supplied by them or their agents, is accurate and agree to indemnify any buyer against any liability howsoever arising in respect of the goods being received at auction or in respect of any inaccuracies in the above information and against all costs and expenses incurred in dealing with any claim arising in that respect.

21. ONLINE BIDDING

Clarke and Simpson Auctions Ltd may offer an online bidding service via i-bidder, bidspotter or clarkeandsimpson.co.uk. In completing the registration on either platform and providing your card details and you:-
a. authorise Clarke and Simpson Auctions Ltd, if they wish, to charge the card given in part or full payment, including all fees, for items successfully purchased in theauction and
b. confirm that you are authorised to provide these card details to Clarke and Simpson Auctions Ltd through the online portals and agree that Clarke and Simpson Auctions Ltd are entitled to release the goods to the card holder name and card holder address provided in the fulfilment of the sale.
Please note that any lots purchased will be subject to an additional 2% commission charge plus VAT at the rate imposed on the hammer price, as detailed under clause 22, Buyers’ Premium.

22. REMOVAL OF LOTS

Items must be collected Thursday 2nd, Friday 3rd, Monday 6th, Tuesday 7th, or Wednesday 8th February. Any lots not collected by 5pm on Wednesday 8th February will be removed from site, re-offered for sale, and the proceeds retained to cover administrative and storage costs. This will be rigorously enforced and there will be no exceptions. If you are concerned that you may not be adhere to the collection period, we would prefer that you do not bid.

23. EXCLUSION OF LIABILITY

The Auctioneers shall not be liable for any expense, loss, claim or proceedings in respect of 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.

24. GOVERNING LAW AND JURISDICTION

For the avoidance of doubt, all contracts entered into between the buyer and vendor and between either of them and the auctioneers on the basis of these standard terms and conditions, are governed by the laws of England and Wales and the parties hereby submit to the non-executive jurisdiction of the English Courts.

25. VALUE ADDED TAX

All lots will be subject to VAT at the current rate.