Genuine Dispersal Sale of Case Tractors, Claas Combine, Bobcat, Arable and Livestock Machinery

 

CONDITIONS OF SALE FOR MACHINERY IN ENGLAND AND WALES

1. Definitions

In these conditions the following terms have the following meanings:

(i) “Auctioneers” means Symonds & Sampson LLP.

(ii) “Host” means i-bidder.com or BidSpotter – Website hosting the auction.

(iii) “Conditions” means the standard terms and conditions of business set out in

this document. Any further specific conditions will be contained in a separate

statement of special conditions.

(v) “Hammer Price” or “Sale Price” means the price at which a Lot is knocked down

or sold by the Auctioneers to the successful Buyer exclusive of any Value Added

Tax and Buyer’s Premium.

(vi) “Lot” means any item offered for sale or sold as a single transaction in

accordance with these Conditions.

(vii) “Buyer” means a person, firm or company who purchases any Lot including any

person, firm or company acting as an agent for such a party in the purchase of

that Lot in accordance with the Conditions.

(viii) “Reserve Price” means the minimum price fixed by the Seller in writing at

which any Lot is to be sold at the Sale.

(ix) “Sale” means a sale of the Lots by auction organised by the Auctioneers.

(x) “Saleground” means the venue at which the Sale takes place.

(xi) “Seller” means a person, firm or company including any person firm or

company acting as an agent for such a party who offers for sale a Lot in

accordance with these Conditions.

(xii) “Vehicle” means any tractor, self-propelled machine or other vehicle.

(xiii) “VAT Auctioneers’ Scheme” means the scheme for the treatment of Value

Added Tax by the Auctioneers made under The Value Added Tax (Special

Provisions) Order 1995 SI 1268 (as amended).

(xiv) “Working Day” means each day calculated from midnight from Monday to

Friday inclusive in any week except that a Bank Holiday or other public

holiday shall not be a Working Day.

Except where the context otherwise requires:

- words denoting the singular include the plural and vice versa

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- words denoting one gender include the other gender

- words denoting persons include both natural and legal persons.

References to any regulation directive statute statutory instrument other legislation or

official document include any amendment re-enactment and any other subsequent

alteration of that legislation.

2. Buyers Premium and i-bidder/BidSpotter Administration Charge

(i) All purchases will be subject to a Buyer’s Premium of 1.5% of the Hammer Price

plus VAT, up to a maximum of £250 plus VAT per lot.

(ii) The Auctioneers will charge purchasers an i-bidder/BidSpotter administration

charge of 1% plus VAT on the hammer price of each lot purchased using this

service.

3. Value Added Tax (VAT)

(i) VAT at the standard rate (20%) will be added to the hammer price on all lots.

On lots which are “zero rated” or “exempt” no VAT is payable. The Auctioneers

will state these lots prior to being sold.

(ii) The Auctioneers require Buyers from countries in the European Union who are

registered for Value Added Tax to supply the Auctioneers with their VAT

number or equivalent fiscal number and other relevant information so that the

Lots purchased may be invoiced without Value Added Tax. Where this

information is not made available or where the Buyer is not VAT registered, VAT

will be charged at the appropriate UK rate in addition to the Hammer Price of

the Lot. This amount will not be recoverable. It is the responsibility of such a

Buyer to ensure that he or his haulier completes and signs a “collection

certificate” at the Auctioneers’ office on collection of the Lot purchased so that

Value Added Tax is not charged at the standard UK rate and be irrecoverable.

(iii) Buyers from countries outside the European Union will be required to pay a

VAT deposit equivalent to the standard UK rate of VAT on the Lot which will be

refunded if within three months of “the time of supply” the Auctioneers are

supplied with a satisfactory Bill of Loading or Certificate of Shipment as proof

of shipment of the Lot outside the European Union, failing which the VAT

deposit will be paid over to Her Majesty’s Revenue and Customs.

4. Conditions of Sale

(i) Any person attending the Sale in person, or bidding via the Auctioneer, a third

party, on the phone or online is deemed to attend on the understanding that

they have read and understood these Conditions and shall make any bid on

the basis of these Conditions.

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(ii) The Auctioneers may supplement or supersede these Conditions in whole or

part with special conditions applicable to a specific Sale or a specific Lot which

will be displayed and/or announced at the start of the Sale.

(iii) No employee or agent of the Auctioneers has any authority to vary these

Conditions.

(iv) i-bidder and BidSpotter have separate Terms and Conditions that apply to all

bids made online as a Host. Buyers are deemed to have familiarised themselves

and accept those conditions.

(v) Any dispute arising under these Conditions shall be determined in the first

instance by the Auctioneers whose ruling shall be binding on the conduct of

the auction. If such an issue remains in dispute after the auction it may be

referred by the Buyer the Seller or the Auctioneers to arbitration or if the parties

agree independent expert determination within the period of ten working days

starting on the date of the Sale by a person agreed between the parties in

dispute or failing such agreement by a person appointed by the President of

the Central Association of Agricultural Valuers on the application of any of the

parties within that time paying such fee as may be charged for that service. The

parties agree to meet the professional fees and costs of that person as he shall

direct and to be bound by his award both as the matter of the dispute and as

to the parties’ costs.

(vi) Any indemnity under these Conditions shall be an indemnity in respect of all

actions proceedings and costs including legal costs expenses claims and

demands whatever incurred or suffered.

5. Entry to the Saleground

(i) Any person entering the Saleground does so at their own risk.

(ii) Any person entering the Saleground must comply with the requirements of all

health and safety notices.

(iii) The Auctioneers reserve the right to refuse admission to any person or entry of

any Lot onto the Saleground without giving any reason.

6. Auctioneers’ Status

(i) The parties to the contract of sale are the Seller and Buyer.

(ii) The Auctioneers sell as agents for the Seller and as such are not responsible for

any default of the Seller or Buyer.

(iii) The Auctioneers shall have discretion as to the description of any item and may

take expert advice on any item, whether from a qualified electrician, agricultural

engineer or other person, at the Seller’s expense to ensure that the item is sold

in a professional and legal manner.

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(iv) The Auctioneers may make such announcements or publish such information

supplied by a Seller about any Lot as they in their discretion think fit.

(v) The Auctioneers shall have absolute discretion without giving any reason:

(a) to refuse any bid

(b) to divide any Lot

(c) to combine any two or more Lots

(d) to withdraw any Lot from the auction, and

(e) in case of dispute, to offer any Lot for sale again.

7. Exclusion of Liability

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 Lot) nor in any respect of personal injury to or death of any person before or

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.

8. Catalogues and Advertisements

(i) The Auctioneers do not guarantee that any Lot described in any catalogue,

online catalogue or advertisement will be offered for sale nor that any

description therein can be relied upon as accurate. Any illustrations in

catalogues are for general identification only.

(ii) The Auctioneers will not be responsible for any costs incurred by any person in

reliance on the description of a Lot in the catalogue and those attending the

auction will have no claim against the Auctioneers for their costs should any

advertised Lot not be offered at that Sale.

9. Removal of Lots

(i) All Lots whether sold or unsold are only to be removed from the Saleground

once receiving a “Passout” from the Auctioneers office. Strictly no lots are to be

removed without providing this pass to security staff.

10. Private Sales

(i) Any Lot included by the Seller on an Entry Form and accepted by the

Auctioneers onto the Saleground to be offered for sale must be offered for sale

by auction and must not be sold privately before the Sale for which it was

entered. The Auctioneers shall not be liable for any breach by the Seller of this

condition.

(ii) The Auctioneers’ consent is required for the private sale of any Lot after the

Sale while it is on the Saleground. That consent may be given on condition

that the Sale is booked through the Auctioneers’ office subject to these

Conditions and in particular that any fee Commission Buyer’s Premium charge

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or expense due under the Entry Form or otherwise apply as though that Lot

had been sold by auction at a Hammer Price equal to the price agreed for the

private sale.

(iii) Where a Lot is not sold at the Sale and remains on the Saleground the

Auctioneers reserve the right to sell it privately at no less than any Reserve Price

set for it without further consultation with the Seller.

11. Warranty and Inspection of Lots

(i) The Auctioneers’ knowledge of the Lots is initially dependent on the

information provided by the Seller who has warranted as to its accuracy. The

Auctioneer does not carry out exhaustive due diligence on each Lot. The

information supplied about Lots is not a representation of fact but a statement

of opinion on the basis of the evidence reasonably available. Bidders

acknowledge these points and accept responsibility for carrying out

inspections and investigations to satisfy themselves as to the Lots in which

they may be interested.

(ii) Where the Seller has declared any health and safety issues regarding a Lot or

the Auctioneers have become aware of any such issues details of the matter

will be available to Bidders at the Auctioneers’ office on the Saleground.

(iii) It will be for Bidders to satisfy themselves as to health and safety matters.

Bidders including the Buyer acknowledge that Lots have generally been used

and many are of an age and type which means that they are not in perfect

condition. As such they may not comply with current health and safety

legislation and may have faults not expressly referred to in the catalogue or the

other information that may be available on individual Lots from the

Auctioneers.

(iv) The Buyer must satisfy himself prior to bidding for a Lot as to its condition and

should exercise and rely on his own judgement as to whether the Lot accords

with its description. The Auctioneers shall have no liability for the accuracy of

the description of any Lot. Unless otherwise stated no warranty is given by the

Auctioneers to the Buyer in respect of any Lot and any express or implied

conditions or warranties are excluded to the fullest extent permitted by law. It

is the Buyer’s responsibility to check the Lot and ensure that its subsequent use

is compliant and that identified health and safety concerns are rectified.

(v) If a Lot is described at the time of the Sale as in “working order” that Lot is

understood to have no defect which renders it incapable of the reasonable

work for which it is intended.

(vi) A Lot including any electrical item will have been inspected by an electrician.

Where electrical equipment is sold without specific instructions for its use it is

the responsibility of the Buyer to seek independent advice as to its safe

operation. The Auctioneers shall have no liability for the safe operation of the

item by the Buyer.

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12. Vehicles and Trailers

(i) All express and implied conditions and warranties relating to any vehicle are

excluded so far as the law allows.

(ii) Bidders are advised that if a vehicle is described as unroadworthy it is illegal for

it to be used on the road in Great Britain unless it is put into roadworthy

condition.

(iii) Any reference to the year of a motor vehicle refers to the year in which it was

first registered in the United Kingdom.

(iv) A person on becoming the Buyer of any vehicle or trailer is forthwith

responsible for complying with all legal requirements as to the roadworthiness

construction and 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. If the vehicle or trailer is not roadworthy it is the Buyer’s

responsibility to ensure its removal from the Saleground in a safe manner and if

it is thereafter to be used on the road to put it into roadworthy condition.

(v) The Buyer warrants that he has third party liability insurance for his use of the

vehicle or trailer.

(vii) Following the sale of any vehicle the Auctioneers shall not pay over the Sale

Proceeds to the Seller until the Seller has given to the Auctioneers the V5C

registration book for that vehicle a signed declaration that the registration

book is lost or a declaration of non-registration or the Buyer confirms that he

has now obtained a V5C document for the vehicle.

13. Reserve Price

The Seller shall be entitled to place a Reserve Price on any Lot in writing prior to the

Sale being the minimum amount for which the Lot may be sold.

14. Bidding

(i) No person may bid without warranting their identity to the Auctioneers and

using a Symonds & Sampson buyer number.

(ii) Any person intending to bid as an agent for a potential Buyer must notify the

Auctioneers in advance of the Sale and confirm the arrangements for payment

of the goods to the satisfaction of the Auctioneers.

(iii) The Auctioneers may accept written instructions to bid on behalf of any

prospective Buyer but with no liability in the case of any error arising out of

such instructions. Any instructions accepted shall be at the risk of the

prospective Buyers who will be deemed to have viewed the Lot. The

Auctioneers accept no responsibility in connection with the commissioning of

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their staff to bid for a Lot. It is the responsibility of the Bidder to ascertain if he

has been successful.

(iv) The Auctioneers may at their discretion make arrangements to receive bids

over the telephone or otherwise from prospective Buyers not physically

present at the Sale. Where such a facility is offered prospective Buyers wishing

to use it must register with the Auctioneers in advance of the Sale. The

Auctioneers accept no liability in relation to telecommunications facilities and

connections nor to the means by which such prospective Buyers may seek to

communicate with the Auctioneers.

(v) Bids shall be made exclusive of any VAT and Buyer’s Premium which may apply.

(vi) The Auctioneers may refuse to accept the bidding of any person without

giving any reason.

(vii) No Seller shall bid for any Lot that he has entered into the Sale save where the

Seller has set a Reserve Price for a Lot in accordance with Clause 13 in which

case bids may only be made on behalf of the Seller for that Lot by the

Auctioneers and then only provided that the Auctioneers had announced at

the start of the Sale that they may be bidding on behalf of the Seller.

(viii) Where the Lot is offered for sale on the dissolution of a partnership Clause

14(vii) does not apply.

(ix) The person who makes the highest bid acceptable to the Auctioneers shall be

the Buyer on the fall of the hammer.

(x) A Bidder is deemed to have inspected any Lot for which he is bidding and if

successful in that bidding agrees to take it with all faults and

imperfections and to be responsible for ensuring its subsequent compliance

with the law.

(xi) The Buyer warrants that he is able to pay in accordance with these Conditions.

(xii) In the event of a dispute between two or more bidders as to which is the Buyer

the dispute shall be settled at the absolute discretion of the Auctioneers.

(xiii) Transfers of purchases will only be recognised at the sole discretion of the

Auctioneers.

(xiv) The Auctioneer may, at its absolute discretion, request and process any

information from any Buyer to satisfy its obligations under Proceeds of Crime

and Money Laundering legislation.

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15. Payment by Buyers

(i) The Buyer shall pay the Auctioneers in full on the day of the Sale for the Lot

purchased together with any charges, Buyer’s Premium or other payment due

under these Conditions before removing that Lot from the Saleground.

(ii) Lots purchased through i-bidder.com must be paid for within one week of the

sale day.

(ii) That payment is to be by a means approved by the Auctioneers.

(iii) Where the Buyer offers cash in settlement the Auctioneers will not accept

more than £10,000 (ten thousand pounds) or €15,000 (fifteen thousand euros)

per transactions at any one Sale in order to comply with the Money Laundering

Regulations 2007.

(iv) Where a Buyer defaults on a payment the Auctioneers reserve the right to resell

the Lot and to charge the Buyer for any expenses and loss incurred by

reason of the failure of the Buyer to complete his purchase and to retain any

profit that may arise from that resale.

(v) The Auctioneers reserve the right to charge the Buyer interest (at 8% above the

Bank of England’s base rate) on any payment outstanding from seven Working

Days after the day of the Sale together with any reasonable debt recovery

charges such rates and charges for all transactions to be those prescribed for

commercial debts by the Late Payment of Commercial Debts (Interest) Act

1998 as amended.

(vi) If the Auctioneers have paid the Seller the Sale Proceeds due for a Lot before

the Buyer has paid the Auctioneers in full for the Lot then the Auctioneers shall

have a lien on the Lot until the outstanding amount is paid by the Buyer to the

Auctioneers.

(vii) In the event of any sale by the Buyer of a Lot before full payment has been

made the Buyer shall hold the proceeds of such sale on trust for the

Auctioneers to discharge the lien referred to at Clause 15(vi).

16. Responsibility for Lots

From the fall of the hammer for a Lot that Lot is the liability of the Buyer who is

responsible for its safe use any damage to it and for complying with all legal

requirements.

17. Notification of a Defective Lot

(i) Where a Buyer alleges a breach of any warranty for a Lot for which he has paid

he shall notify the Auctioneers in writing clearly stating details of the alleged

breach as soon as practicable and no later than 12 noon on the third Working

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Day after the day the Lot was purchased and in any event before the Lot is

removed from the United Kingdom.

(ii) The Buyer shall make the Lot available for inspection in the United Kingdom by

the Seller, the Auctioneers and the duly appointed agents of either within five

Working Days following the day on which the notification of the defective Lot

is received.

(iii) If there is a complaint against the Auctioneers it will be handled under the

complaints procedure established by the Auctioneers to handle formal

complaints made against their business.

(iv) If the complaint is against the Seller the Auctioneers will notify the Seller of the

alleged breach as soon as reasonably practicable and in the event of

continuing disagreement any dispute will be handled under Clause 2(v). The

Auctioneers’ obligation to account to the Seller for the Sale shall be suspended

until they are satisfied that the dispute has been settled.

18. Resale due to Failure to Comply with these Conditions

(i) Where a Lot has been sold to a Buyer who then fails to comply with the

Conditions the Auctioneers may without prejudice to any other rights they

may have resell that Lot either by public auction or private contract. If the price

achieved on resale is less than Hammer Price together with any expenses

arising the deficit shall be due as a debt from the original Buyer of the Lot.

(ii) The defaulter shall not be entitled to any part of the proceeds which may arise

by such re-sale which shall remain the property of the Auctioneers.

(iii) Expenses due from the defaulter shall be deemed to include the Auctioneers’

commission on the re-sale and all other expenses that would be due on a Sale

under these Conditions.

19. Auctioneers’ Right to Annul a Sale of a Lot

Before making payment to the Seller in the event of any dispute or refusal to pay on

the part of the Buyer the Auctioneers may entirely at their discretion annul and cancel

the sale of such a Lot or Lots.

20. Removal of Lots from the Saleground

(i) No Lot whether sold or unsold may be removed from the Saleground without

the written authority of the Auctioneers. Passes for such removal must be

obtained from the Auctioneers’ offices and each Lot will be checked out by

the Auctioneers or their duly authorised representative. The Auctioneers

accept no liability for Lots while on the Saleground whether sold or unsold.

(ii) Where the Saleground is in the permanent occupation of the Auctioneers any

Lot which (without the express written consent of the Auctioneers) has not

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been collected within three calendar months from the day on which it was

sold or last offered for sale or such other period as shall have been announced

in the special conditions will be deemed to be abandoned. The Auctioneers

will then be entitled to dispose of such an abandoned Lot at their unfettered

discretion. For the avoidance of doubt, any monies arising from such a

disposal will be paid to and retained by the Auctioneers. The Auctioneers may

make a charge for handling and storage of the Lot if it remains on the

Saleground more than three Working Days after the Sale.

(iii) Where the Saleground is not in the permanent occupation of the Auctioneers

the Auctioneers are entitled to dispose of any Lot which (without express

written consent of the Auctioneers) has not been collected within five Working

Days from the day on which it was sold or last offered for sale or such period as

shall have been announced in the special conditions. For the avoidance of

doubt any monies arising from such a disposal will be paid to and retained by

the Auctioneers.

21. Applicable Law and Severability

(i) These Conditions shall be governed by and construed in accordance with the

law of England and Wales. All transactions to which these Conditions apply

and all connected matters shall also be governed by the law of England and

Wales.

(ii) If any clause in these conditions is declared void or unenforceable, the

remainder of the conditions shall remain in full force and effect.