NOTICE TO PURCHASERS
Viewing is at Sealion Shipping Limited, Gostrey House, Union Road, Farnham, GU9 7PT on Tuesday 14 May between 10.00am to 3.00pm.
Bidding will open on: Tuesday 16 April 2019
Bidding will end on: Monday 20 May from 11.00am (subject to the normal 10 min extension) AT WHICH TIME ALL HIGHEST BIDS WILL BE CONSIDERED)
ACCEPTANCE OF FINAL HIGHEST BIDS – IMPORTANT NOTICE
At the close of the timed Online Auction Sale final bid figures will be submitted to the seller for its approval and any bid shall be subject to approval and acceptance by the Company/Seller. No bid may be withdrawn and the Company/Seller does not bind himself to accept the highest bid or any other bid placed in the course of the Online Auction Sale.
INSTRUCTIONS FOR BIDDING
It is assumed and strongly recommended that all bidders have viewed lots prior to bidding. No allowances of any description whatsoever will be made in the event of problems as a result of failure to view. We strongly advise bidders not to bid on any lots if they have not viewed to their satisfaction first. Our descriptions and photographs are not sufficient to rely upon for the purpose of bidding.
Prospective buyers must complete the Bidspotter online registration process in order to bid purchase during this auction.
In the event of a bid being received within 10 minutes of the scheduled closing time, the bidding period on that lot will automatically extend for a further 10 minutes and for a further 10 minutes for any bid received thereafter.
MAXIMUM BIDS: If more than one Maximum Bid is placed of the same amount, the bid placed first will be considered the highest bid and a further bid will need to be placed to take the lead. Bidders are notified by an automated message which appears on their screen.
IMPORTANT: When bidding do not forget to REFRESH your screen to ensure you are aware of current bids. (Use the F5 button on your keyboard).
MAILING: All approved bidders will automatically have their details placed on our database for notification of future sales undertaken by Landwood Group only. In the event that you wish to have your details excluded from our database then please notify our office.
The purchaser will pay a buyer’s premium of 15% plus VAT.
The premium is not negotiable and will be paid by all buyers, VAT on buyer’s premium is payable where goods are exported in all instances.
Goods must be paid (and funds cleared in our account) before any goods are released.
Payment will be accepted by:
Bank Transfer only.
Landwood Group Clients Account Chattels
Account number: 33422999
Quoting Ref: Invoice Number
We do not accept Cheques/Debit Cards/Credit Cards or Cash
VALUE ADDED TAX
Purchasers will be charged Value Added Tax on all lots, where applicable, at the current rates.
Purchasers are 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.
The bidder/buyer is at risk once they are notified of their successful purchase, title does not pass until payment has been received in full
It is not known if any equipment has current test certification.
RECORDED USAGE READINGS
The hour and odometer readings on machinery and vehicles in this sale cannot be warranted and should not be relied upon.
Due to the Data Protection Act, all software and data will be removed from computers prior to selling, unless specifically stated.
CLEARANCE TERMS AND CONDITIONS
Collection will be from Tuesday 21 May to Thursday 23 May from 9.00am to 4.00pm By appointment only. Collection will be from Gostrey House, Union Road, Farnham, GU9 7PT.
It is the purchaser’s responsibility to remove all lots from site. We are unable to guarantee lifting equipment will be available for use during collection, the buyer should make their own provisions in this respect.
Landwood Group does not undertake packaging, postage, delivery or shipment of goods and the bidder must make his own arrangements to comply with the clearance terms.
Clearance of all lots must be taken in accordance with Health & Safety and Environmental Regulations. The Health & Safety at Work Act 1974, The Working at Height Regulations 2005, the Control of Asbestos at Work Regulations 2002 and Construction Design and Management Regulations 1994. You may be required to provide a Work Method Statement and Risk Assessment approved by Landwood Group, prior to removal of lots.
Landwood Group reserve the right to stop clearance if in their own opinion, they believe it is being carried out in an unsafe manner or without the Method Statement and Risk Assessment.
The purchaser should ensure that their contractors hold sufficient public liability insurance, copies of which should be made available to Landwood Group if demanded.
Any fluids remaining in any lots MUST be removed from site in conformity with the Control of Substances Hazardous to Health (COSHH).
In accordance with the Scrap Metal Dealers Act 2013 any metal dealers wishing to purchase scrap metals will be required to provide copies of their Scrap Metal Dealer Licence prior to removing lots.
CONDITIONS OF SALE
All lots will be sold subject to the Conditions of Sale as printed on the catalogue. Bidders are strongly advised to read them carefully.
TRANSFER OF LOTS
Landwood Group will only accept payment from and permit removal of lots purchased by the successful purchaser or their duly appointed agent confirmed in writing.
Overseas purchasers will be required to provide details of:
One other method confirming their identity, i.e. driving licence, name and address, UK agent (if any), telephone and fax numbers.
Full details of their national bank and their corresponding bank.
Details from their bank confirming method of payment, etc.
Please also ensure that:
Your country, or the country to which the items are destined, holds no import restrictions on the goods that you wish to purchase.
The country has no import licence restriction on currency allocation.
The country has no prolonged inspection procedure, which may cause excessive delay in allowing your goods to be imported.
You receive a fully descriptive invoice in order that you may arrange payment as soon as possible with our bank.
You employ a reputable freight-forwarding organisation. Please note that many of the machinery removal companies in this country are not necessarily freight forwarders.
You have read the Conditions of Sale.
We will not allow removal of any lot from the site until our accounts department has received notification from our bankers that your payment has been properly cleared in full. Monies must be transferred to ourselves within the time stated.
VAT on Goods Destined for Export:
All purchasers intending to export goods must declare their intention at the point of registration. A VAT deposit equal to the amount payable will be taken and held by Landwood Group until satisfactory proof of export is received.
In order to qualify for a refund, the goods must be exported in accordance with regulations under Indirect Export and valid evidence of export received by Landwood Group within one month of the date of export. Where satisfactory evidence is not provided, goods will be subject to UK VAT at the standard rate of export and the deposit will not be refunded.
We are unable to refund the VAT on the buyer’s premium in any circumstances. Please ensure that the cashier has been notified of your intentions to export prior to removal.
If you intend to export your purchases using your own transport (either by sea, rail or rail) then VAT will be levied and refunded upon receipt of satisfactory documentation, supporting removal of the goods purchased.
Landwood Group reserve the right to refuse to accept the bid of any bidder should they be unable to satisfy Landwood Group on any of the above.
Terms & Conditions
GENERAL TERMS AND CONDITIONS OF SALE OF LANDWOOD COMMERCIAL (MANCHESTER) LIMITED TRADING AS LANDWOOD GROUP REGISTERED OFFICE: SOUTH CENTRAL, 11 PETER STREET, MANCHESTER, M2 5QR
- 1. DEFINITIONS
In these Terms and Conditions of Sale, the following words will have the following meanings:
a) “The Agents” means Landwood Commercial (Manchester) Limited trading as Landwood Group or any Employee thereof at the time of Sale.
b) “The Auctioneers” means the person conducting the auction, Landwood Group or any Employee thereof at the time of Sale.
c) “The Purchaser” shall have the meaning ascribed to it in condition 4 below and Purchasers shall be deemed to be principals (for the purpose of these conditions) unless to the knowledge of the Agents and Auctioneers they are acting as agents on behalf of a named principal.
d) “The Vendor” means the person owning or having the right to sell the lot.
2. GENERAL CONDITIONS
a) The Agents/Auctioneers act only as agents for the Vendor (unless otherwise directly declared). Vendors are not paid until payment is received from the Purchaser. The Agents/Auctioneers are not necessarily in a position to know the history or assess the quality of lots sold on behalf of Vendors. Furthermore, lots sold are likely to have been subject to wear and tear caused by use or the effects of age and may therefore have faults and imperfections. Purchasers are given an opportunity at the viewing period to examine lots to be sold and will be assumed to have done so. Purchasers are deemed to have satisfied themselves as to the condition of any lots before bidding and lots are therefore sold with no guarantee or warranty being given or implied.
b) The Interpretation Act 1978 applies to the terms and expressions used in these Terms and Conditions of Sale as if contained in statute and these Terms and Conditions of Sale shall be governed by the law of England and Wales and subject to the jurisdiction of England and Wales.
3. THIRD PARTY LIABILITY
The Agents/Auctioneers will not be responsible for any injury, damage, or loss, howsoever caused to or sustained by any person on the Agents/Auctioneers’ premises or any site where an auction is held unless the same shall be caused by the direct negligence of the Agents/Auctioneers, including the period(s) during which viewing and subsequent removal takes place.
All offers and bids made shall be treated as offers made upon these Terms and Conditions of Sale, and all persons present at the sale and offerors acknowledge that their attention has been drawn to these Terms and Conditions of Sale and they are bound by them. Subject to these Terms and Conditions, the highest bidder/offeror shall be the Purchaser, subject to the approval of the bid by the vendor.
The Agents’/Auctioneers have the right to:
a) Refuse any bid.
b) Advance the bidding at their own discretion, if in an auction.
c) Decide whether there has been a dispute as to the bidding and, if so, immediately re-offer the lot in question.
d) Divide, combine, and withdraw any lots.
e) Exclude any person from the sale process.
6. VENDORS RIGHTS
Lots offered for sale are subject to the following:
a) Any reserve price placed by the Vendor.
b) The right of the Agents’/Auctioneers to bid on behalf of the Vendor.
c) When a reserve price has been placed (but in no other case) for the Vendor to bid personally or through any agent.
d) VAT at the applicable local rate if appropriate.
7. DUTIES OF PERSONS PRESENT AND PURCHASERS AND PAYMENT TERMS
7.1 All persons present at a sale and or taking part in an on-line auction agree to refrain from conduct which may cause a nuisance to others present
7.2 Upon the Agents’/Auctioneer declaring any lot sold, the Purchaser shall immediately:
a) Supply a Banker’s reference unless prior arrangements have been made.
b) Subject to vendor approval being obtained pay the full purchase price and the Agents’/Auctioneers’ premium, if any, plus any chargeable VAT, unless prior approval has been obtained from the Agents’/Auctioneer to pay upon the fall of the hammer a deposit of 10% of the purchase price and the Auctioneers’ premium. Where a deposit has been approved by the Agents’/Auctioneer, the balance must be paid in full by 4pm the following day.
c) On proof of payment in full, clear any lot expeditiously and at the latest by the date and times specified in clause 7.3.
d) Pay a premium at the rate specified (at 15% unless otherwise specified in the notice to bidders and conditions of auction) of the price realised for each lot, whether sold by auction or private treaty, plus VAT thereon (such premium to belong to the Agents’/Auctioneers).
e) Should payment not be received within the timescales specified in clause 7 then the Agents’/Auctioneer reserves the right to retain any deposit paid.
7.3 The time for complying with clause 7.2 above shall be the time specified in the Auction catalogue, or if no time specified there, 4pm on the next working day after the offer / bid was accepted, and in every case time shall be of the essence.
7.4 The Agents’/Auctioneer may at any time in his sole discretion grant the Purchaser an extension of time for complying with clause 7.2 above, in which case the Purchaser shall pay to the Agents’/Auctioneer in full before moving or removing the Lot interest on any unpaid sums at a rate of 4 per cent above Barclays Bank plc base rate in force from time to time.
7.5 Payment to be made in Sterling unless otherwise specified in the Tender Sale Catalogue.
a) Telegraphic transfer to the account specified in the Tender Sale Catalogue.
In relation to goods sold that will be exported, a VAT deposit equal to the amount of applicable VAT payable will be taken and held by Landwood Group until satisfactory proof of export is received.
7.6 Until the Purchaser has complied with clause 7.2 above:-
a) Title to any Lot bought shall not pass to the Purchaser.
b) The lot shall be at the Purchasers risk.
c) The Agents’/Auctioneer shall have a lien over any Lot bought by the Purchaser in the sale.
d) If the Purchaser effects or purports to effect a resale of any other disposition of all or part of the Lot, the Purchase shall hold proceeds of resale or other disposition on trust for the Agents’/Auctioneer and the Seller.
8. LIABILITY OF THE AGENTS/AUCTIONEERS AND VENDORS
a) Lots are sold with all faults and defects and with all errors of description and neither Vendor nor the Agents/Auctioneers are responsible for any defects whatsoever. All implied conditions relating to description, fitness and quality are accordingly excluded;
b) Subject to c) below, the Vendor and the Agents/Auctioneers do not make or give, nor has any person in the employment of the Agents/Auctioneers any authority to make or give, any express representation or warranty with regard to any lot except that the Vendor has the right to sell it.
c) Where a lot bears a specific catalogue description indicating quality (for example “good condition”) this description shall be taken to be made on the authority of the Vendor alone and in case of dispute about such express description the Purchaser agrees to follow the procedure specified in condition 17 below and to be bound by the result thereof.
d) The Vendor indemnifies the Agents/Auctioneers that he has the right to sell any lot offered for sale by the Agents/Auctioneers on behalf of the Vendor.
e) It is hereby expressly agreed that the Vendors and Agents/Auctioneers shall have no personal liability hereunder or under any document executed pursuant hereto.
9. CATALOGUE DESCRIPTIONS
The Agents/Auctioneers undertake that care has been taken to see that the catalogue descriptions and advertisements are accurate and reliable, but these are necessarily statements of opinion and must not be relied upon as statements of fact. Subject to condition 18 below, neither the Vendor nor the Agents/Auctioneers are responsible for errors of description, the genuineness, attributes or authenticity of any lot.
10. PROPERTY IN LOTS AND TRANSFER OF RISK
The Purchaser shall not become the owner of any lot and the Agents/Auctioneers shall not have any lien thereon, until the lot has been paid for in full, but nevertheless each lot is at the sole risk of the Purchaser from the fall of the hammer or upon receiving notification of successful bids.
11. DEFAULT BY THE PURCHASER
If the Purchaser fails to pay for or remove any lots purchased by him, or in any way fails to comply with these Terms and Conditions of Sale, the Agents/Auctioneers shall have the right to:
a) Sell the lots by Public Auction or otherwise without notice to the Purchaser, and if any loss arises from such a resale after deducting the Agents/Auctioneers’ full costs and expenses, the Purchaser shall be responsible to the Agents/Auctioneers for that loss.
b) Where deposit is paid, to forfeit that deposit.
c) To charge interest on any unpaid balance at the rate of 4% above the base rate charged by Barclays Bank plc from time to time.
d) To charge for storage arising after the time for removal at the current rate and to release the lots in question to the Purchaser only after payment in full of all storage and removal expenses incurred (as well as the full purchase price).
Title will not pass to the purchaser until the auctioneer as agent for the vendor has received payment in full.
13. AGENCY AND COMMISSIONS
The Agents/Auctioneers execute commissions received in writing up to one hour before the sale, on condition that the relevant lots have been viewed by the bidder. No responsibility is accepted relating to commissions given to staff other than the Agents/Auctioneers nominated individual.
14. SAFETY OF PLANT, MACHINERY AND VEHICLES
a) Purchasers are reminded that under current Health & Safety legislation affecting the sale and safe use of machinery, the Agents / Auctioneers will so far as is reasonably practical check that all lots sold comply with the provisions and duties of the Section 6 of the Health and Safety at Work Act 1974 and within the meaning of Section 53 of the Act. Accordingly the Purchaser undertakes not to use any lot purchased until satisfied that it complies with the relevant local Legislation and Regulations relating to such machines and implements and to indemnify the Agents/Auctioneers against any failure to observe this undertaking;
b) In the case of the sale of vehicles, no vehicle is warranted or held out to be roadworthy and no lot is warranted or held out to be merchantable or safe for use or complying with statutory requirements for use, display or movement. The Agents/Auctioneers have no authority to make representations and all vehicles are sold as scrap.
c) All goods sold are sold as used and are not supplied as new unless the catalogue description clearly states the contrary.
15. REMOVAL OF GOODS
a) The Purchaser is responsible for removing all goods purchased within the timeframe specified in clause 7.3 and undertakes to do so safely and lawfully in accordance with local Health and Safety legislation and regulations and having due regard for safe systems of work where the goods are to be removed from any site owned, occupied or operated by the Agents/Auctioneers.
b) Removal to be completed within one week after the date of purchase, and only once payment has been received, unless a different time is specified in the Auction / Sale catalogue.
c) The Purchaser is responsible to ensure any and all contractors, sub-contractors or employees are qualified and competent in the removal of any purchased items and will operate with due regard to risks inherent in the removal of any equipment. The Purchaser will be responsible for undertaking any assessment of risk, deemed appropriate in connection with the removal of any purchased goods and ensure that the suitable method statements are prepared addressing such risk. Moreover, such consideration will be required from any contractors or sub-contractors employed in the removal of any purchased goods.
16. REMOVAL / REPAIR OF FIXTURES
a) Where lots and sale items are of a fixed nature, the Purchaser is responsible for detaching such lot and undertakes to do so safely and lawfully in accordance with local Health and Safety legislation and regulations, where necessary. The Purchaser will provide a method statement for removal, to the Agents/Auctioneers prior to removing any such fixtures.
b) The Purchaser undertakes to indemnify the Agents/Auctioneers and, where appropriate, the Vendor, against any cost, damage, legal or other expenses in respect of any claim arising from the detachment of the lot or its removal. If the Agents/Auctioneers so require, the Purchaser agrees to pay to the Agents/Auctioneers a sum to cover the likely damage caused by such removal in the amount so estimated by the Agents/Auctioneers.
17. AGENTS/AUCTIONEERS RIGHTS REF DAMAGE
In the case of a Purchaser causing damage not covered by conditions 15 & 16, the Agents/Auctioneers shall be entitled to exercise a lien in respect of any and all lots purchased by the Purchaser until such damage or loss has been paid for in full, whether or not the lots or any of them have been paid for in full, such loss and damage to be assessed by the Agents/Auctioneers whose decision shall be final. The Agents/Auctioneers’ assessed sum shall be paid by the Purchaser upon receipt of invoice and payment shall be made forthwith, time being of the essence.
18. INSOLVENCY AND DEATH
Where the Agents/Auctioneers conduct a sale on behalf of a Vendor who is an Administrative Receiver, an Administrator or a Liquidator of a limited company or Trustee in Bankruptcy of an individual:
The Vendors shall only act as an agent on behalf of the company or bankrupt (as the case may be) and shall be under no personal liability whatsoever in respect of the contract for sale of any lots;
The Vendor, and the Agents/Auctioneers on his behalf, sell whatever right, title or interest the company or the bankrupt may have in the lot;
In the event of any third party proving to have a superior title to right to custody or possession of any lot the Vendor may rescind the contract of sale and upon return of any deposit and/or purchase price to the Purchaser, neither the Vendor nor the Agents/Auctioneers shall be under any further liability to the Purchaser;
If before title to any lot has passed to the Purchaser, the Purchaser, being an individual, dies or enters into a composition or arrangement for the benefit of his creditors or has a Bankruptcy Order made against him, or being a body corporate, has a Receiver or a Receiver and Manager appointed or goes into administration, liquidation or enters into an arrangement for the benefit of its creditors, then in all such cases the contract for sale for such lot may be, at the Agents/Auctioneers’ discretion, rescinded without notice to the said Purchaser. Upon rescission, any deposit paid by the Purchaser shall be forfeited and the Agents/Auctioneers shall be entitled to exercise the rights set out in these conditions of sale on the basis of default by the Purchaser.
19. AGENTS/AUCTIONEERS’ RESPONSIBILITIES FOR THE CATALOGUE DESCRIPTIONS
Bidders and Purchasers shall be deemed to have accepted that warranties or guarantees appearing in the catalogue have been specifically authorised by the Vendors and the Agents/Auctioneers disclaim all personal liability arising there from.
20. HEALTH AND SAFETY AT WORK ACT 1974
Section 6 (8) of the Act – In certain instances it may be necessary for the Purchaser to give a written undertaking pursuant to Section 6 (8) of the Health and Safety At Work Act 1974 (HSWA).
Asbestos / Hazardous Substances
It is expressly brought to the Purchaser’s attention that certain types of plant or main service installations could contain asbestos, dangerous chemicals, etc. which if not handled correctly during their removal from the site could be in breach of the HSWA, the Control of Asbestos at Work Regulations 2002, the Asbestos (Licensing) Regulations 1983 as amended and the Control of Substances Hazardous to Health Regulations 1988 (COSHH) or any other current legislation covering the use of such substances in a working environment.
All purchasers must comply with all current legislation and regulation, including the Water Industry Act 1991 in relation to the removal/disposal of waste/trade effluent including hazardous waste and may be required to satisfy Landwood Group in relation to their disposal/removal procedures. Where waste materials are removed all work must be undertaken by an approved and licensed contractor.
All visitors to the site where the assets are stored and or from where the sale will take place do so at their own risk.
Children are not permitted on the site at any time.