TERMS AND CONDITIONS OF SALE

1.INTERPRETATION:

a.‘Bid price’ means the price bid by a purchaser for a lot exclusive of any Value Added Tax chargeable on the supply of goods comprising the lot;

b.‘Purchase price’ means the bid price plus a sum equal to any Value Added Tax chargeable on the supply of the goods comprised in a lot;

c.‘Purchaser’ means the person making the highest bid price for a lot;

d.‘Vendor’ means the person, company or department selling the goods.

e.‘Reference to any enactment, order, regulation or other similar Instrument’ shall be construed as a reference to the enactment, order, regulation or Instrument as amended by any subsequent enactment, order, regulation or Instrument.

2.GENERAL NOTICE:

This sale is not classed as a consumer sale within the meaning of the Supply of Goods (Implied Terms) Act 1973.

3.BIDDING:

By making a bid for any lot, the person making the bid warrants that he has read, makes his bid upon and agrees to be bound by these conditions, and further warrants that he has due authority and capacity to make the bid and has sufficient funds to pay for them, and binds both himself and any employer or principal to honour any contract resulting there from. Any bid shall be deemed to be an offer by the buyer to purchase any lot tendered upon these conditions.

If any dispute arises between those making bids, the Auctioneer, at his discretion, shall either again put up the lot in dispute for resale or decide the dispute. No person shall retract his bidding. The Vendor reserves the right to bid himself or by his Agents and to alter, vary or withdraw any lots before or during the sale.

4.DEPOSIT:

A security deposit of £200 may be taken from the card registered with www.i-bidder.com before bidding commences. Purchasers may be required to pay a deposit on lots which will cause damage or leave a hole in the fabric of the building after removal. These lots will be specified in the sale catalogue. The deposit will be returned once the purchaser has made good in a satisfactory manner

5.METHOD OF PAYMENT:

No goods may be removed until they have been paid for in full. Payment is acceptable in bank transfer, cash (up to £8000), or credit or debit cards. A handling charge of 3% will be added to all credit card payments. Debit cards will incur no extra charge.

BANK TRANSFERS: CHAPS/FASTER PAYMENT can be made directly into our Client’s Call account - please contact the auction office for bank details on 01404 891833.

PLEASE CONTACT OUR OFFICE BEFORE THE SALE DAY ON 01404 891833 TO MAKE ARRANGEMENTS FOR PAYMENT WITH OUR ACCOUNTS DEPARTMENT. WHERE A BANK TRANSFER HAS BEEN APPROVED, THE BALANCE MUST BE PAID IN FULL BY 4PM THE FOLLOWING DAY OR AS AGREED WITH THE AUCTIONEER.

6.BUYERS PREMIUM AND VAT CHARGES:

A buyer’s premium of 15% plus VAT @ 20% will be charged on all lots, plus a 3% webcast premium. All lots in this sale will attract VAT on the hammer price.

7. ACCEPTANCE OF FINAL BIDS:

IMPORTANT NOTE – Acceptance of all final bids is subject to prior approval by our client. MST Auctioneers Ltd reserves the rights to reject any bids which they feel are insufficient. Successful bidders will be notified by email upon the finish of the auction.

8.PAYMENT OF BALANCE: VENDOR`S POWERS ON NON-PAYMENT:

Before all lots are removed by the Purchaser, they shall pay in full the purchase price for all the lots they bought. Such monies shall be paid by 4pm, the day following the sale or as stated in the special sale details. If the purchase price is not paid by the Purchaser, all monies deposited shall be forfeited and the Vendor shall be at liberty without prejudice to any other remedies to resell any lot or lots or any part thereof remaining unmoved and unpaid for by the Purchaser by public or private sale without giving prior notice to the Purchaser, and after allowing for any deposit forfeited as aforesaid, any deficiency which may arise on such resale shall be made good by the Purchaser and shall be recoverable from him as liquidated damages or deducted from the sums due to him under this or any other contract. Any increase of price obtained on resale shall belong to the Vendor.

9.TRANSFER OF LOTS:

No transfer of lots by the Purchaser shall be allowed.

10.SAFE WORKING PRACTICE & PERSONAL INJURY:

Both the Vendor and the Auctioneer require that in pursuit of safe working practice all equipment used for lifting and transporting heavy items which have been purchased at the auction should be covered by appropriate insurance and registration documents. This is especially the case in relation to cranes, lifting tackle and forklift trucks. Documentation may be required for inspection. Furthermore, appropriate protective clothing, such as hard hats and safety shoes, must be worn during these activities and due regard paid to safe manual handling practice. Neither the Vendor nor the Auctioneer shall 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 except to the extent that such accident or damage arises from the negligence of the Vendor or the Auctioneer. The Buyer takes on responsibility to insure against and to make good any injury or damage to persons or property caused by the Buyer, their carriers, servants or agents upon the fall of the hammer but goods must be paid for in full before property in the goods passes to the Buyer. Clearance of all lots must be undertaken in accordance with Health & Safety at Work Regulations and, where necessary, Construction Design and Management Regulations 1994. You may be required to provide a Work Method Statement and Risk Assessment prior to removal of any lots.

11. FAULTS AND ERRORS:

The lots are sold ‘as they lie’ with all faults and errors or mis-statement or description, measurement, weight, quantity, quality, number or otherwise (whether of a substantial nature or not). The Purchaser shall be deemed to have inspected the lots he buys and if he buys without previous inspection, he shall do so at his own risk. The lots are not sold by sample but if in any case, a sample shall be displayed, it shall be upon the understanding that this contract shall contain no implied condition or warranty as to quantity or otherwise or that the lots are free from any defect rendering them unmerchantable. The hour and odometer readings on machinery and vehicles in this or any sale cannot be warranted and should not be relied upon.

12.CLAIMS CONCERNED WITH CONDITION OF GOODS:

The goods shall be acquired by the Purchaser at his own risk. The Purchaser shall make no claim against the Vendor or any servant of the Crown in respect of any loss, damage or injury (whether to person or property) suffered by the Purchaser in the course of or at any time after the delivery of the goods and in any way connected with or arising out of the condition of the goods.

13.RISK:

Neither the Vendor nor the Auctioneer shall be responsible for any lot or part thereof after the fall of the hammer, from which time all lots shall remain the responsibility of the Purchaser.

14.REMOVAL:

ALL LOTS SHALL BE REMOVED AT THE PURCHASER`S EXPENSE AND RISK. All goods must be cleared by date set out in notice of sale – any items not removed by this time will be deemed to be abandoned.

15.LIFTING AND TOWING:

Where the Auctioneers or their agents gives assistance with the lifting and/or towing within the Auction premises in connection with the collection of goods such assistance is given entirely at the Purchaser`s risk and they shall incur no liability whether in contract or in tort in respect other than in respect of injury to persons arising from the negligence of the Vendor, Auctioneers or their agent.

16.LOSS CAUSED BY REMOVAL:

Where the removal of any lot or lots causes loss or damage to any land or property including any other lot or the death or injury of any person, the Purchaser of the lot or lots being removed shall:-

a.Indemnify the Vendor against any liability or any payment reasonably made by him in respect of such loss, damage or death or injury (including any payment made in connection with the death or injury of any servant of the Crown under any Statute, Warrant, Order, Scheme, Regulation, Conditions of Service or other arrangements making provision for payments in respect of the death, disablement, sickness or other injury of servant to the Crown and

b.In the case of loss or damage to land or property of the Crown or any lot not sold to the Purchaser, at the option of the Vendor either make good the loss or repair the damage, whether before the removal of his lots from the premises is completed or after removal as the Vendor may require, or pay the cost of asking good or repair as estimated by the Vendor whose decision shall be binding on the Purchaser provided always and subject to the provisions of Conditions 14 hereof:

c.Purchaser shall incur no liability under this Condition if he is able to show that such loss, damage or injury was not attributable to the neglect or default of himself, his servants, agents or sub-contractors and nothing in this Condition shall relieve the Purchaser of any liability to the Crown or the Vendor arising apart from this Condition.

17.RESCISSION BY VENDOR:

In the event of the Vendor after the Sale not being able to give a good and sufficient title to or delivery of any lot or part thereof before its removal, or in the Vendor`s opinion the removal of any lot will endanger or permanently damage any building or other property, the Vendor may by written notice to Purchaser of to the Auctioneer rescind the sale of such lot and repay to the Purchaser any deposit money paid in respect thereof.

18.LIMITATION OF VENDOR LIABILITY:

The Vendor shall not be liable in respect of any claim whether in contact or in tort (other than claims in respect of injury to persons arising out of negligence of the Vendor) by the Purchaser arising out of or in any way in connection with the sale of all or any of the goods for any sum exceeding the amount of the deposit or purchase price (as the case may be) paid by the Purchaser in respect of the goods the subject of the claim.

19.HEALTH AND SAFETY AT WORK 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 lot(s) may not necessarily comply with the Health and Safety at Work etc. Act 1974, Environmental Protection Act 1990, or any other Acts or Regulations there-under governing the use of the 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. The goods are not 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 should, before so supplying them for such use, take such steps as are necessary to ensure, so far as is reasonably practicable, that such goods or articles will be safe and without risks to health when properly used and should carry out or arrange for the carrying out of such testing and examination as may be necessary to enable him to carry out the obligations imposed by the Health and Safety at Work Act 1974.

20.DISPUTES:

If any dispute or difference arises about any lot or any other matter in relation to the sale other than a dispute between bidders, the same shall be settled by the Auctioneers or any such person as they shall appoint for the purpose, whose determination shall be fixed and binding on all parties concerned.

21.EXPORT OF GOODS:

The sale of goods as described in the catalogue shall not imply that Department of Industry licences for export of the goods in their present or modified condition will be granted to a Purchaser. The pursuit of any such licences is entirely a matter for the Purchaser. Purchasers intending to export their purchases are required to advise the Accounts Manager. Export of goods within the EEC – The sale can be zero rated for VAT on production of a current valid letterhead from the company purchasing the goods with a valid VAT registration number from the country concerned. In order to comply with HM Revenue & Customs we will take a deposit equal to the amount of VAT concerned. This will be refunded when valid commercial evidence of removal from the UK is received. This evidence of removal must be within 3 months of the date of supply in order to qualify for a refund of the deposit. Export of Goods outside the EEC – All goods will be subject to VAT at the current standard rate. In order to qualify for a refund of the VAT and for the sale to be zero rated the goods must be exported within 3 months of the time of supply and valid evidence of export received by the Auctioneers within one month of the date of export.

SPECIAL NOTICE: PLEASE BE AWARE THAT ALL LOTS MUST BE INSPECTED, EXAMINED, REPAIRED, RECONDITIONED, TESTED AND CERTIFIED THAT THEY MEET ALL CURRENT REGULATIONS, AS WELL AS THE HEALTH AND SAFETY AT WORK ACT, CONSUMER PROTECTION ACT, AND THE CONSUMER SAFETY ACT, BEFORE THEY ARE RE-USED OR RE-SOLD, THUS MEETING HEALTH AND SAFETY AND DUTY OF CARE REQUIREMENTS..