OLD POTATO TRAYS

CONDITIONS OF SALE

(To be read in conjunction with the ‘Important Notices’ in the catalogue (and/or displayed on the auction notices) and are the only terms and conditions subject to which Cruso & Wilkin, as agents for the Vendor, will sell the goods to a Purchaser (the Bidder) and all other conditions, whether expressed or implied at common law or by statute as are capable of lawful exclusion are hereby excluded).

BIDDING – The highest bidder to be the Purchaser – but subject to the Auctioneer reserving the right to refuse the bidding of any person without giving any reason. Should any dispute arise between two or more bidders, or between the Auctioneers and any approved bidder the Lot or Lots in dispute to be put up again or not at the discretion of the Auctioneers. The Vendor reserves the right to bid and to withdraw any lot previously to or at the time of the sale. No Purchaser shall be allowed to retract his or her bidding. The Auctioneers may divide, combine, add to or withdraw any Lot and shall determine the advance of each bid and may bid on behalf of the Vendor on Lots upon which there is a reserve price.

BIDDING ON BEHALF OF ANOTHER – Unless the Auctioneer has previously agreed in writing that anyone bids as Agent on behalf of a named principle, every person who bids shall be taken to bid on his own behalf as principle. If the Auctioneer has already agreed in writing that anyone bids as Agent on behalf of a named principle, that person warrants that he has the authority of his principle to make each bid he makes.

CONDITION OF LOTS – All Lots shall be sold as seen with all faults, imperfections and errors of description in the Lots described in the catalogue, or as these may be divided or conjoined at the sale, and without any warranty whatever, the Buyers being held to have satisfied themselves as to the condition, quality, quantity, age and description of Lots before bidding.

MISREPRESENTATION (antique and fine art sales only) – If, within 21 days after the sale, the Auctioneers receive from the Purchaser notice in writing that in his view the Lot is a deliberate forgery, and within 14 days after such notification the Purchaser returns the Lot to the Auctioneers in the same condition as prevailed at the time of the sale and satisfies the Auctioneers that (having regard to the entry in the catalogue) the same is a deliberate forgery, then the Auctioneers shall be entitled to rescind the sale and to refund to the Purchaser the purchase of that Lot. In deciding whether or not the Lot is a deliberate forgery the Auctioneers shall be entitled at their discretion and at the cost of the Vendor, to seek the view of any expert or other authority.

DESCRIPTIONS – -The Auctioneers have used their best endeavours to ensure the accuracy of the description of each Lot, but these whether made orally or in writing are expressions of opinion and not representation of fact, and the Bidder relies upon such descriptions at his own risk. No employee of the Auctioneers has any authority to make any representations of fact and the Auctioneers disclaim on behalf of the Vendor and themselves responsibility for authenticity, age, origin and condition and for the accuracy of measurement or weight of any Lot or Lots. The Auctioneer does not warrant the Vendor’s Title to any Lot and the latter will be sold with such title as the Vendor may have.
DAMAGE TO PROPERTY – All Purchasers are to be answerable for all damage they, their carriers or other Agents may do to any Lots, or to the premises or other property
of the Auctioneer and the Vendor, in delivering or removing (including dismantling) their respective Lots and to properly repair the same before their Lots are removed from
the premises or deposit with the Auctioneers such sum of money as the Auctioneers may determine to cover the cost of making good such damage.

REMOVAL AND CLEARANCE – No Lot or Lots shall be removed from the premises in or on which the sale is held until paid for in full. All Lots are the Purchasers risk from
the fall of the hammer. All Lots left after the specified time for clearance will be entirely at the purchasers risk and will be liable to any expenses that may arise from their not
having been cleared within the time limit stipulated by the Auctioneers. All Lots must be removed no later than (to be announced at the beginning of each auction). The Buyer
of any Lot which comprises a vehicle shall be responsible for complying with all legal requirements as to the construction and use of that vehicle and for obtaining all
certificates, permits or other authorisations necessary before that vehicle can be used on any road.

PAYMENT – The Auctioneer may require any person who bids to give his name and address and proof of identity before accepting any bid. Cheques over £50 will only be
accepted by prior arrangement with the Auctioneers and under £50 supported by a Card. All Lots must be paid for in full and the Auctioneers will not permit or recognise the
transfer of any Lot. All sales shall be cash transactions, and a legal title to goods is retained by the Vendor until they have been paid in full.

MONEY LAUNDERING REGULATIONS – Auctioneers may no longer receive cash payments in excess of £8,000 for any single transaction for the total purchases.

VALUE ADDED TAX – VAT is chargeable at the current, standard rate, over and the above the purchased price on all taxable items, and the buyer’s premium; the only
exceptions being in the case of “zero rated” or “exempt “ lots; such items will be identified by the Auctioneers at the time of sale.

EXPORT OF GOODS – Where items are being purchased for export from the United Kingdom, purchasers will be required to pay a VAT deposit equivalent to the standard
rate to UK VAT on all lots. Once the following points are fulfilled, a refund of the VAT deposit will be made to the purchaser. Failure will result in the Vat deposit being paid to
the Customs and Excise. The purchaser must provide the Auctioneers with their VAT/FISCAL NUMBER (to be verified with C&E). The goods must be removed from the UK
within three months of the auction date. The purchaser provides the auctioneers with the valid documentary evidence that the goods have been removed from the United
Kingdom.

VIEWING – Arrangements for viewing of the sale are included in the notices printed in the catalogue.

COMMISSIONS - The Auctioneers can accept commissions on behalf of prospective Purchasers, these to be forwarded in writing to the Auctioneers.

BUYER’S PREMIUM – 5% Buyers Premium plus VAT.

RESALE – Upon failure to comply with the above Conditions, any Lots un-cleared within the time aforesaid shall be resold, either by Public Sale or Private Contract without
any intimation to the defaulter, and the deficiency (if any) by such second sale, together with all charges pending the same, shall be made good by the defaulter at this
present sale and shall be recoverable as for liquidated damages and any surplus that shall arise there from shall belong to the Vendor. The Auctioneers or Vendor shall have
the rights to enforce any contract made at the sale and to sue for the full price of good and the foregoing as to resale shall be entirely without prejudice to such right.

SAFETY REGULATIONS – No warranty is given or implied that any item offered for sale complies with the Health & Safety at Work Act, 1974, or other Act or Acts or
Regulations there under 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 and equipment at a place of work within the United Kingdom does not contravene such relevant Act or Regulation there under applicable thereto.

ELECTRICAL GOODS will be sold for scrap unless warranted in safe condition. NO GUARANTEE of working order will be given to intending purchasers. Neither Cruso &
Wilkin, Cruso & Wilkin Auction & Management, nor the Vendors will accept responsibility for any accident, injury or damage which may occur to any person whilst viewing, at
the time of the sale or during clearance of the Lots; any persons entering the premises do so at their own risk. The Auctioneers contract only as agents for the Vendor and
without personal liability.

LOTS MUST NOT BE REMOVED UNTIL PAYMENT HAS CLEARED

The Auctioneers shall be the sole Arbitrator in every matter of dispute regarding this sale.

COVID 19 GUIDELINES 
If you are displaying any COVID-19 symptoms or have been in contact with anyone who has displayed any symptoms within the past 14 days prior to the sale, you must not enter the sale ground. There will be a series of strict measures in place on the viewing and sale day in accordance with HSE and government guidance to try and mitigate the risk of transmission of COVID-19. You must comply with these measures.

This is a business event not a social gathering. On admittance to the sale ground, you will be required to leave your contact details and addresses, without exception. Buyers will be required to use the hand sanitiser stations on entrance to the sale ground and when attending the Pay Office. It is also requested that buyers bring their own PPE, face masks and their own pens. Social distancing measures will be in place and buyers must adhere to them at all times. In the event that buyers fail to comply, they will be  requested to leave the site. Cruso & Wilkin will continue to monitor the government guidance and regulations in place and will act accordingly in adherence to these. Should you have any queries about the protocols and the advice enclosed above, please contact the auctioneers.