Axor Starck floor standing bath and shower mixer, chrome, for display

Read article : Axor Starck floor standing bath and shower mixer, chrome, for display

Surplus Ex-Display / Unused Bathroom Stock Including Showers, Baths, Vanity Units, Shower Screens / Enclosures, etc.

(Subject to Availability)

NOTICE TO PURCHASERS

VIEWING:
• The lots may be viewed as follows: Thursday 5th March 2015, 10am to 4pm

• Located at Bathrooms 365 Limited, Unit 14 & 15, Walker Way, Thornbury Industrial Estate, Thornbury, Bristol, BS35 3US

BIDDING ENDS:
• Bidding will end at: 3pm on Tuesday 10th March 2015 [subject to the normal 10 min extension]
AT WHICH TIME ALL HIGHEST BIDS WILL BE CONSIDERED.

ACCEPTANCE OF FINAL HIGHEST BIDS – IMPORTANT NOTE:
• Acceptance of all final highest bids is subject to approval by our client.
• ES (Group) Ltd reserves the right to reject any bids which they feel does not reflect reasonable value
• Successful bidders will be notified by email by 3pm on Wednesday 11th March 2015

INSTRUCTIONS FOR BIDDING:
• Access for bidding can be obtained through our website www.es-group.com, Machinery Sales
• Full details including valid email address must be provided in order to receive approval for bidding
• 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 by a further 10 minutes and for a further 10mins for any bid received thereafter.
• MAXIMUM BIDS: If more than one maximum bid is placed of the same amount, the maximum bid placed first will be considered the highest bid and a further bid will need to be 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.

• MAILING: All approved bidders will automatically have their details placed on our database for notification of futures sales undertaken by ES (Group) Ltd only. In the event that you wish to have your details excluded from our database, please use the ‘unsubscribed’ feature within our website (as above) alternatively please notify our Sales Administration Team mbaaccounts@es-group.com

BUYERS PREMIUM:
• The purchaser will pay a buyers premium of 15% plus VAT, which will be charged on all lots.
• The premium is not negotiable and will be paid by all buyers
• VAT on buyers premium is payable on buyers premium where goods are exported in all instances.

PAYMENT TERMS:
• All purchases are to be paid in full, no later than 2pm on Monday 16th March 2015
• All queries regarding payment should be directed to our Sales Accounts team, mbaaccounts@es-group.com

Please refer to the page headed “PAYMENT DETAILS” for acceptable methods of payment

VALUE ADDED TAX:
• Purchasers will be charged Value Added Tax on all lots, where applicable, at the current rates

DEPOSITS:
• 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.

RISK:
• The bidder / buyer is at risk once the buyer is notified of his successful purchases and is strongly advised to effect insurance at once, irrespective of whether title has passed. Title does not pass to the purchaser until payment has been received in full.

RECORDED “USEAGE” READINGS: The hour and odometer readings on machinery and vehicles in this sale cannot be warranted and should not be relied upon.

COMPUTER SOFTWARE: Due to the Data Protection Act, all software and data will be removed from computers prior to selling.

CLEARANCE TERMS AND ARRANGEMENTS

• All lots must be removed between Monday 16th March 2015
• The premises will be open from 9am to 4.30pm - No further access will be available after this time
• ES (Group) Ltd 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 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 approved by ES (Group) Ltd, prior to removal of any lots.
• ES (Group) Ltd reserve the right to stop clearance if in their 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 ES (Group) Ltd if demanded.
• Any fluids remaining in any lots purchased MUST be removed from site in conformity with the Control of Substances Hazardous to Health (COSHH) Regulations.

CONDITIONS OF SALE
All lots will be sold subject to the Conditions of Sale as printed on the catalogue cover. Bidders are strongly advised to read them carefully.

TRANSFER OF LOTS:
ES (Group) Ltd will only accept payment from and permit removal of lots purchased by the successful purchaser or their duly appointed agent.

OVERSEAS PURCHASERS:
Overseas purchasers must, on acceptance of offers, advise of their intentions to export their good immediately and notify our Sales Co-ordinator, Elaine Allan [ elaine.allan@es-group.com ]

Overseas purchasers will be required to provide details of :
(a) Their passport(s)
(b) One other method confirming their identity, ie drivers licence, name,
address, UK agent (if any), telephone and fax numbers.
(c) Full details of their national bank and their UK corresponding bank.
(d) Details from their bank confirming method of payment, etc.

Please also ensure that:
(e) Your country, or the country to which the items are destined, holds no import restrictions on the goods that you wish to purchase.
(f) The country has no import licence restrictions or a restriction on currency allocation.
(g) The country has no prolonged inspection procedure, which might cause excessive delay in allowing your goods to be imported.
(h) You receive a fully descriptive invoice in order that you may arrange payment as soon as possible with our bank.
(i) You employ a reputable freight-forwarding organisation. Please note that many of the machinery removal companies in this country are not necessarily freight forwarders. We will be pleased to advise accordingly.
(j) You have read the Conditions of Sale.

Please Note:
(a) We will not allow removal of any Lot from the Sale 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 in the “Notice to Purchasers”
(b) If there are any special arrangements that you wish to make with us, you must contact us at least three days before the Sale date.
(c) Our terms regarding payment of VAT and subsequent refunds.

VAT on Goods Destined for Export:
All purchasers intending to export their purchases will be charged a deposit equal to that of the VAT due on each lot purchased.

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 ES (Group) Ltd 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 buyers premium in any circumstances. Please ensure that the cashier has been notified of your intentions to export prior to removal of goods.

The above information must be supplied in writing to our Sales Co-ordinator, Ms Elaine Allan, ES (Group) Ltd, 3 Lake Court, Hursley, Hampshire, SO21 2LD on your official company notepaper and signed by the contact name quoted.

If you intend to export your purchases using your own transport (either by sea, rail or air), then VAT will be levied and refunded upon receipt of satisfactory documentation, supporting removal of the goods purchased.

ES (Group) Ltd reserve the right to refuse to accept the bid of any bidder should they be unable to satisfy ES (Group) Ltd on any of the above.

In bidding you are accepting the terms detailed in our NOTICE TO PURCHASERS and OUR TERMS AND CONDITIONS OF SALE

Details of viewing arrangements, acceptance of bids, payment & clearance terms are detailed in our NOTICE TO PURCHASERS

CONDITIONS OF SALE BY ON-LINE AUCTION

1: Conditions

These conditions, together with any special conditions or ‘Notices to Purchasers’, are the only terms and conditions subject to which Edward Symmons LLP acting as agents for the Vendor will contract with buyers. Bidding for any lot shall be deemed to be an acceptance of these conditions and any conditions in the Notices to Purchasers. If there is any inconsistency between any of these conditions and anything in the Notices to Purchasers, then those in the Notices to Purchasers shall prevail.

2: Inspection and Description

2.1Buyers have a responsibility to make their own inspection and investigation of the lots at the time(s) and at the premises specified, and to satisfy themselves on all matters affecting the lots, and to inspect and satisfy themselves prior to the sale, as to the condition and description of a lot, its fitness and suitability for purpose.

2.2Goods are believed to be correctly described but all goods are sold with all faults, imperfections and errors of description.

2.3Neither the Vendor nor the Auctioneers, their servants or agents makes or gives, nor has any person in the employment of the Auctioneers any authority to make or give, any representation or warranty in relation to any lots.

3: Limitation of Liability

3.1Neither the Vendor nor the Auctioneers, their servants or agents shall be liable for any loss or damage suffered by the Buyer arising out of or in connection with any defects or deficiencies in any lots purchased, errors of description in the auction catalogue, any mis-statements as to any matter affecting the lots or the failure of the lots to fulfill the functions for which they were intended

3.2The Auctioneer’s and the Vendor’s total liability for breach of contract or negligence is limited to the Bid Price.

3.3Neither the Auctioneers nor the Vendor shall be liable for any indirect or consequential loss or damage (whether for loss of profit, loss of business or otherwise) incurred by the Buyer whatsoever.

3.4Nothing in these conditions excludes or limits the liability of the Auctioneers or Vendor for death or personal injury caused by their negligence or fraudulent misrepresentation.

3.5Nothing in these conditions shall prejudice the statutory rights of a consumer who shall be bound by these conditions only insofar as they are consistent with such statutory rights.

4: Conduct of Sale

The Auctioneers reserve the right in their absolute discretion to refuse admission to the premises and grounds to any person.

The conduct of the sale shall be at the Auctioneer`s sole discretion and the Auctioneers reserve the right to refuse any bids without giving any reason. If any dispute of whatsoever nature relating to a bid shall arise, such dispute shall be determined by the Auctioneers in their absolute discretion and whose decision shall be final and binding on all parties.

Each bidder must register prior to submitting any bids in On-Line sales. Edward Symmons LLP reserves the right to reject any registration at its sole discretion.

The Vendor and the Auctioneers reserve the right to fix a reserve price for any lot.

No bid may be withdrawn after the close of bidding.

The Vendor or the Auctioneers have absolute discretion to withdraw consolidate or divide at any time any lot.

The highest bidder for each lot at the close of bidding shall be the Buyer, subject to approval by the Auctioneers and the Vendor. The Sale Price is exclusive of the buyer’s premium and VAT. The highest bid at the close of bidding subject to approval by the Auctioneers and Vendor also marks a conclusion of a contract of sale between the Vendor and the Buyer.

In making a bid for any lots, the Buyer does so as principal. The Buyer will be held personally and solely liable for a bid unless the Auctioneers have previously agreed in writing with the Buyer that that bidder will do so on behalf of an identified third party acceptable to the Auctioneers. In circumstances where the Auctioneers have so agreed, the Buyer and the third party will jointly and severally be liable for all obligations arising from the bid where a third party shall be bound by these conditions by the individual bidding as his agent in the same way as if he were bidding personally.

5: Risk and Title

As from the date and time the Buyer is declared, all risks in and relating to the Goods purchased, shall pass to the Buyer and the Buyer is strongly advised to effect insurance for these risks at once. In no circumstances will the Auctioneers or the Vendor be responsible if any Goods or part thereof be lost, stolen, damaged or destroyed after the Buyer is declared.

The Vendor shall only sell such title to the Goods as he may have. Neither the Auctioneers nor the Vendor warrants the Vendor’s good title to any of the Goods and if it is found that the Vendor does not have title or unencumbered title to any of the Goods purported to be sold under these conditions the Buyer expressly agrees that it shall have no right either to rescind the contract or to claim damages or a reduction in the consideration paid or payable under the contract.

Title to each of the Goods will not pass until:-

(a)all debts owed by the Buyer to the Auctioneers (whether part-paid secured or otherwise) are settled, for the avoidance of doubt the debts shall not be settled until (where payment or part payment is made by cheque) all cheque(s) in question have been cleared; and

(b)such Goods have been removed from the premises at which the sale is held or where the Goods are being stored in their entirety.

6: Removal

No lot or part thereof can be removed until payment in cash or approved Bankers Draft has been made in full or (where any part of the payment was made by cheque) the cheque has cleared in the Auctioneer`s account. No lot shall be removed without the authority of the Auctioneer and unless under the supervision of the Auctioneer`s servants or agents.

Removal shall take place only up to 5.00 pm and must be completed by 5.00 pm on the day following the sale (and in every case time shall be of the essence) unless the Notice to Purchasers otherwise specify or written authority is obtained from the Auctioneers for clearance after that time.

The Buyer has no right to anything not described in the auction catalogue.

Delivery of lots sold will be made only to the declared Buyer and no transfer of any lot or part of a lot to any other person will be recognised.

Prior to the removal of any lot the Vendor may rescind the contract for the sale of that lot and refund to the Buyer any money paid by the Buyer for the lot should any third party claim title to or possession of any part of the lot.

The Buyer will be responsible for removal of lots at his own expense and must provide his own labour, and equipment.

The Auctioneers require that in pursuit of safe working practice all equipment used for lifting and transportation should be covered by appropriate insurance and registration documents (in particular but not limited to lifting equipment and fork lift trucks). Such documentation shall be produced to the Auctioneers by the Buyer on request for inspection and if the Buyer fails to produce such documentation the Auctioneers reserve the right to refuse to clear the lot and/or rescind the sale in which event the provisions of condition 8 will apply. Furthermore appropriate personal protective equipment must be worn during these activities and due regard paid to safe material handling practices.

7: Damage to Premises

The Buyer shall be responsible for the removal of all goods purchased at his own expense and risk and such removal must be carried out safely and lawfully and in accordance with any conditions of sale of which the Buyer is notified. For the avoidance of doubt removal includes where applicable disconnection from the mains electricity supply and the detachment of any lots which are fixed. All electrical installations must be left in a safe condition during and after the removal and the use of explosives or flame cutting equipment or any other potentially hazardous or inflammatory process shall not be permissible on the site without the express written consent of the Auctioneers. The Buyer shall be responsible to insure against and to make good any injury or damage to persons or property caused by the Buyer, their carriers, servants or agents detaching, disconnecting or removing any goods purchased by the Buyer. The Buyer shall produce his insurance documentation to the Auctioneers on request and if the Buyer fails to produce such documentation the Auctioneers reserve the right to refuse to clear the lot and/or rescind the sale. The Buyer shall indemnify the Auctioneers for any damage or loss which the Auctioneers may suffer in respect of loss, damage or injury suffered by the Buyer’s agents or employees or any third party arising from the removal. At its discretion the Auctioneers may require the payment of a deposit to the Auctioneers prior to and/or during the removal which will be refunded on the removal being completed to the Auctioneer`s satisfaction. If the Buyer refuses to deposit such monies, the Vendor or the Auctioneers may refuse the Buyer access to the premises for the purposes of removing the lot purchased by them and/or rescind the sale in which event the provisions of condition 8 will apply. The Auctioneers reserve the right to stop the removal of a lot by a Buyer, his agents or employees, if it appears to the Auctioneers or its agents or employees that the removal is being carried out in an unsafe or unsatisfactory way.

8: Default by Buyer

Upon failure by the Buyer for whatsoever reason:-

(i)to pay a deposit in full if required under the Conditions of Sale; or

(ii) to pay the purchase price in full on the due date; or

(iii) to provide any documentation required under these conditions; or

(iv) to remove the goods in a safe or satisfactory way; or

(v) to remove any lot from the premises on or before the date specified for removal,

The Vendor will be entitled to rescind the contract forthwith without incurring any liabilities to the Buyer and, without prejudice to any claims of the Vendor and/or the Auctioneers against the Buyer arising from breach of contract or otherwise, upon rescission as aforesaid the following provisions apply:

(a)all monies deposited in part payment will be forfeited and used to pay the Vendor`s and/or Auctioneer`s expenses referred to in paragraph (d) below;

(b)if the lots have been removed in breach of these conditions, the Vendor and/or the Auctioneers, their servants or agents may enter the premises of the Buyer to recover such lots;

(c)lots may be re-sold or otherwise disposed of by the Auctioneers in the manner they feel appropriate at their sole discretion and any deficiency arising upon the resale together with the expenses of it shall be due as a debt from the Buyer in default upon the first sale. The Buyer consents to such a resale on the Auctioneer’s conditions of business applicable at the time of resale. Neither the Auctioneers nor the Vendor shall be liable to account to the Buyer in the event of a re-sale at a higher price than the price contracted to be paid by the Buyer. The Buyer waives any claim in such a case that he may have title to the lot and agreed that any re-sale price shall be deemed commercially reasonable;

(d)the Buyer will be responsible from the specified time for final removal for all losses and expense incurred by the Vendor and/or the Auctioneers including storage, security and removal expenses, the costs of re-selling or disposing of lots and Auctioneer`s commission.

9: Auctioneer as Agent

The Auctioneers act only as Agents for and on behalf of the Vendor and shall not be held responsible for any action or default on the part of either the Vendor, bidders or the Buyer. Any concluded contract of sale is made directly between the Vendor and the Buyer.

10: Accident or Damage

Neither the Auctioneers nor the Vendor will accept any responsibility for any accident, (except for that arising out of its negligence, or the negligence of its agents or employees, resulting in death or personal injury) howsoever caused to any person which may occur whilst on the Auctioneer`s premises, the Vendor`s premises or such other premises used to hold the auction or to store the lots before during or after the sale and any person entering the premises does so at his own risk and is deemed to have notice of the condition of the premises and their contents.

11: The Consumer Protection Act 1987

No lots are sold as new.

12: Health & Safety At Work

It is expressly brought to the Buyer’s attention and that of potential buyers, at the time of sale, any item of plant, machinery or equipment contained in the goods may not necessarily comply with the Health and Safety at Work Etc. Act 1974; the Environmental Protection Act 1990; Construction Design and Management Regulations 1994 or any other Act of Parliament or regulations thereunder governing the use of that plant, machinery or equipment in a working environment. Buyers of any such plant, machinery or equipment are hereby required to ensure so far as reasonably practicable that such item will be safe and without risk to health and that the use of any such items at a place of work within the EEC & the United Kingdom does not contravene any such Act of Parliament or regulation applicable to such use.

13: Dangerous Substances

It is expressly brought to the attention of Buyers (and potential buyers) that certain types of plant or main service installations could contain blue and white asbestos, dangerous chemicals and hazardous waste which if not handled correctly during their removal from the premises could be in breach of the Health and Safety at Work Etc. Act 1974 Sections 2-9 Control of Substances Hazardous to Health Regulations 1988 (COSHH) or other current legislation regulating the use of such substances in a working environment. The Buyer shall ensure so far as is reasonably practicable that they comply with the Health and Safety at Work Etc. Act 1974, COSHH and other current legislation in connection with the removal, handling and transport of such dangerous substances and or hazardous waste or shall employ a specialist contractor to remove them. The Buyer shall, on request, satisfy the Auctioneers in relation to its removal procedures, and the removal of waste materials must be undertaken by an approved and licensed contractor. The Buyer will indemnify the Vendor, their servants or agents against any loss, damages or expenses suffered by them as a result of the Buyer’s or a sub-contractor’s failure to comply with this legislation.

14: Notices

Any notices or other communications shall be in writing and, if sent by post, shall be deemed to have been received by the addressee on the second working day after posting or, if the addressee is outside the United Kingdom, on the fifth working day after positing. If any written notice is delivered by hand, it shall be treated as having been received at that time. Any notice sent to the Auctioneers shall be sent to the Auctioneer’s address as set out in the auction catalogue, or displayed on the auctioneer’s web site on the notice specific to that sale. Any notice which the Auctioneers send to the Buyer may be sent to the Buyer’s last address known to the Auctioneer.

15: Third Party Rights

Save as expressly provided in these conditions, no term of these conditions shall be enforceable under The Contracts (Rights of Third Parties) Act 1999 by a third party.

16: Governing Law

These Conditions and any Conditions contained in the Notices to Purchasers, along with all associated transactions and all connected matters shall be governed and construed in accordance with English Law

17: Severability

In the event that any provisions of these conditions shall be held unenforceable for any reason, the remaining conditions shall remain in full force and effect.

Taps very solid brass bath shower taps with thermostatic mixing valve rrp £185.99 Appraisal: New/

Read article : Taps very solid brass bath shower taps with thermostatic mixing valve rrp £185.99 Appraisal: New/

GENERAL CONDITIONS OF SALE

1. Interpretation

1.1. In these General Conditions the following words and expressions shall have the meanings set opposite:

“Auction” any auction (whether a Live Auction or an Online Auction and whether conducted independently or simultaneously) conducted pursuant to these General Conditions and the Special Conditions;

“Auctioneer” the person conducting the Auction or to whom the conduct of the Auction is delegated under General Condition 4.9 below;

“Bidder” any person who offers to purchase any Lot whether by bidding at Auction or offering to purchase by private treaty or tender;

“Bid” an offer to purchase any Lot whether by bidding at Auction or offering to purchase by private treaty or tender, and “Bids” and “Bidding” shall be construed accordingly;

“Buyer” any person who agrees to purchase any Lot whether at Auction or by private treaty or tender and as determined under General condition 4.12 below;

"Buyer`s Premium" a commission payable by the Buyer on the completion of a Sale the amount of which is set out in the Special Conditions; The Auctioneer, when acting as Agent for the Seller, may also receive commission from the Seller.

“Catalogue” the catalogue incorporating these General Conditions and the Special Conditions;

"Clearance Date and Time" the date and time on which all Lots must be removed by the Buyer from the Location as specified in the Special Conditions;

“The Company” Boulton Vehicles Ltd T/A Bpi Associates Auctioneers & Valuers (company number 07279488 ) whose registered office is at Ripley House, Ripley Drive, Normanton Industrial Estate, Wakefield;

"Deposit" the sum payable by the Buyer to the Company as set out in the Special Conditions;

"Live Auction" any auction conducted at the Location or at such other location(s) as shall be notified by the Company in the Special Conditions or in the Catalogue;

“Location” the premises at which the Lots are located, details of which are set out in the Special Conditions;

“Lot” any Lot described in the Catalogue, on the Website or on the Company’s invoice;

"Online Auction" any auction conducted over the internet via the Website pursuant to these General Conditions and the Special Conditions;

"Sale" the sale of any Lot by Auction, private treaty or tender and as determined under General Condition 4.11 below;

“Seller” the person upon whose instructions the Company is conducting the Sale, details of whom are set out in the Special Conditions;

“Special Conditions” any additions to these General Conditions set out or referred to in the Catalogue, announced at Auction or otherwise specified by the Company;

"Website" the website at: www.bidspotter.co.uk;

"VAT" value added tax chargeable under English Law for the time being and any similar additional tax.

2. Application of these General Conditions

2.1. These General Conditions apply to every Sale of plant and machinery, chattels and trade stocks conducted by the Company.

2.2. These General Conditions, the Special Conditions and any terms set out in the Catalogue shall together comprise the "Conditions of Sale".

2.3. To the extent that these General Conditions are inconsistent with any Special Conditions, the General Conditions shall prevail.

2.4. Bidding for any Lot shall be deemed to be an acceptance by the Bidder of these General Conditions and the Special Conditions.

2.5. These General Conditions shall be governed construed and enforced in accordance with the laws of England and Wales unless the Location is in:-

2.5.1 Scotland in which case the laws of Scotland shall apply; or

2.5.2 Northern Ireland in which case the laws of Northern Ireland shall apply.

2.6. A reference to writing or written shall include e-mail.

2.7. Any word or phrase having a meaning defined in these General Conditions shall have the same meaning when used in the Special Conditions.

3. Identity of the Parties

3.1. The Company offers each Lot as agent of the Seller and not as principal unless otherwise indicated in the Catalogue.

3.2. The identity of the Seller is set out in the Special Conditions.

3.3. Unless the Company has previously acknowledged in writing that the Bidder Bids as agent on behalf of a named principal, every Bidder shall be taken to Bid on his own behalf as principal.

3.4. Any Bidder acting as agent on behalf of a named principal shall remain liable to the Seller and the Company for all obligations and liabilities of his principal jointly and severally with the principal. The Bidder warrants that he has the authority of his principal to make each Bid made.

3.5. Every Bidder is required to give his name and address and provide satisfactory proof of identity and such other information and documentation as is required to the Company before making any Bid and in the case of:

3.5.1. a Live Auction by the completion of a registration form;

3.5.2 an Online Auction by online registration at the Website; and

3.5.3 a private treaty or tender by prior registration or notification of details, as and when requested by the Company.

3.6 The Company reserves the right at any time to reject the registration of any persons and refuse access to the Auction at its sole discretion.

3.7 On registration for an Online Auction Bidders will be added to the Company`s mailing list for the purposes of notification of future sales by email. If a Bidder wishes to stop receiving such notifications they can unsubscribe at any time by clicking on the link provided at the bottom of each email.

3.8 On registration in accordance with General condition 3.5 the Bidder acknowledges that only adults aged 18 years and over are entitled to enter into a legally binding contract and as a result they are the only people entitled to register for the Auction. By registering the Bidder warrants that he is aged 18 years or older and is capable of forming a legally binding contract.

4. Conduct of Auctions

4.1 Any Lot may be subject to a minimum bid or reserve price. The Seller is entitled to change these at any time before the conclusion of the Sale.

4.2 The Seller, Auctioneer or any representative, agent or person acting on behalf of the Seller may Bid for any Lot. Persons entitled to Bid pursuant to this condition 4.2 shall be entitled to place Bids on any Lot up to the reserve price including by placing Bids in response to other Bidders.

4.3 Lot descriptions will be amended as appropriate as and when information becomes available to the Company. Prospective Bidders must read Lot descriptions before making a Bid so that they are fully aware of any amendments to the description appearing in the Special Conditions and/or on the Website or in the Catalogue in relation to a particular Lot.

4.4 The Auctioneer may at any time before the conclusion of the Sale withdraw or divide any Lot or combine any Lots.

4.5 The Company may sell any Lot by private treaty or tender before or after the Auction. The Auctioneer may reject any Bid at his sole discretion and without being required to give a reason.

4.6 No Bid shall be retracted without the consent of the Auctioneer.

4.7 The Auctioneer may where there is a dispute between Bidders, summarily determine the dispute or immediately again offer the Lot for sale, in each case without being required to give a reason.

4.8 The Auctioneer shall in every other respect decide how the Auction is to be conducted and without being required to give a reason.

4.9 The Auctioneer may in his sole discretion delegate to a person whom he believes to be competent the conduct of the Auction in accordance with these General Conditions.

4.10 The Auctioneer may from time to time act jointly with an associated Auctioneer who will be named in the Catalogue and/or in the Special Conditions.

4.11 A Sale is concluded (constituting acceptance of the Bidder`s offer, subject to General Condition 4.12 below) when:

4.11.1 in the case of a Live Auction, on the fall of the Auctioneer`s hammer; and/or,

4.11.2 in the case of an Online Auction, at the close of the timed Online Auction Sale as specified on the Website and as defined by General Condition 4.17.3 below or;

4.11.3 in the case of a private treaty or tender, when the Bidders Bid is accepted by the Company, such acceptance to be communicated to the Bidder in writing by way of receipt of the Company’s invoice.

4.12 The Buyer shall be the person who made the highest Bid before the conclusion of the Sale pursuant to General Condition 4.11 above subject to approval and acceptance by the Company, the Auctioneers and the Seller or such other Bidder as the Auctioneer and/ or the Company may declare to be the Buyer without being required to give a reason. The Auctioneer and/ or the Company and/ or the Seller is not bound to accept the highest Bid or any other Bid placed in the course of the Auction.

4.13 In the case of an Online Auction the Buyer, as determined under General Condition 4.12 above, shall within a reasonable time after the conclusion of the Sale receive by email an invoice in respect of the monies due for the Lot(s) purchased.

4.14 In the event that the reserve price is not met, the Company may consider the Bids received below the reserve price with the Seller who at its sole discretion may accept, reject or place a counteroffer.

4.15 On conclusion of the Sale and acceptance of the Bidders Bid pursuant to General Conditions 4.11 and 4.12 above, the Buyer acknowledges and agrees that he has entered into a contract with the Seller to buy the Lot and the Buyer must complete the transaction to purchase the Lot.

4.16 The Buyer may not remove any Lot he has bought until after the end of the Auction.

4.17 In relation to an Online Auction:

4.17.1 the Company cannot guarantee that the internet services will operate continuously or without interruptions and this could affect the conduct of the Online Auction and the Bidders ability to Bid online. The Company shall not be liable in any respect in the event of any dispute due to errors, omissions or disruptions to internet services or power failures or any other unforeseen circumstances which may occur during the Online Auction;

4.17.2 the Auctioneer may at any time, without notice, postpone or cancel an Online Auction or extend an Online Auction beyond the published closing time (including extension of the timed Online Auction in accordance with General Condition 4.17.3 below);

4.17.3 the timed Online Auction Sale is auto bid extension enabled meaning that where a Bid is placed within ten minutes of the original scheduled close of the timed Online Auction the scheduled close of the timed Online Auction will automatically be extended by an additional ten minutes. This continues with a new scheduled close time each time a Bid is placed until no-one places a Bid before the last scheduled close of the timed Online Auction. Every time a Bid is placed within ten minutes or less left in the Online Auction an additional ten minutes Bidding time is added until there are no more Bids. Such time shall then be deemed to be the close of the timed Online Auction.

4.18 In the event that the Auctioneer unknowingly sells a Lot that was not eligible for Sale (i.e. there is a third party interest that comes to light) then the Auctioneer shall be entitled to immediately rescind that Sale without any further liability to the Auctioneer and/or Company or the Seller.

4.19 Copies of the Auctions (Bidding Agreements) Act 1927 and 1969 are held at the Company’s and/or the Auctioneer’s principal place of business.

5. Sale and Payment

5.1 The Buyer shall pay the following sums to the Company in full and without set off:-

5.1.1 immediately upon the Sale of any Lot the Deposit, if requested by the Company; and

5.1.2 the balance of the price of the Lot purchased, together with the Buyer’s Premium by no later than 48 hours after conclusion of the Sale or, in the case of an Online Auction, after receipt of an invoice in respect of the purchased Lot(s) pursuant to General Condition 4.13 above, or such other time and date as may be specified in the Special Conditions; and

5.1.3 any other payment or amount due to the Seller and/or the Company pursuant to these General Conditions or the Special Conditions on demand.

5.2 In every case time for payment shall be of the essence.

5.3 In view of Money Laundering Regulations the Company reserves the right to refuse payment in cash. Payments in cash of more than £7,500 will not, in any circumstances, be accepted.

5.4 If the Buyer fails to make any payment on the due date for payment then, without limiting any other right or remedy available to the Seller, the Buyer shall pay to the Company interest (both before and after any judgment) on the amount unpaid at the rate of 1.5% above the bank base rate of Barclays Bank Plc per month or any part thereof until payment in full is made.

5.5 Until the Buyer has fully complied with its obligations in this General Condition 5:-

5.5.1 title to any Lot bought shall not pass to the Buyer;

5.5.2 the Seller shall have a lien over any Lot bought by the Buyer in the Auction;

5.5.3 if the Buyer effects or purports to effect a resale or any other disposition of all or part of the Lot, the Buyer shall hold the proceeds of resale or other disposition on trust for the Seller.

5.6 All sums payable under these General Conditions and the Special Conditions are exclusive of any applicable VAT for which the Buyer shall be additionally liable to pay to the Company. On written request by the Buyer the Company will provide a VAT invoice.

5.7 The Company will only accept payment under this General Condition 5 from the Buyer or its authorised agents.

6. Removal of Lots

6.1 Risk of damage to or loss of the Lot shall pass to the Buyer immediately upon the conclusion of the Sale.

6.2 The removal of Lots from the Location shall be undertaken by the Buyer entirely at its own risk and without any liability whatsoever to the Company.

6.3 Buyers are responsible for any and all costs and expenses incurred in relation to the removal of Lots and any other applicable charges, taxes and insurance costs.

6.4 The Buyer may not remove any Lot until the Buyer has:-

6.4.1 paid by cleared funds all amounts payable pursuant to General Condition 5 above in full; and

6.4.2 if requested by the Company produced satisfactory evidence to the Company that the Buyer has adequate public liability insurance in respect of the indemnity set out in General Condition 6.11 below and/or deposited with the Company, by way of security for the costs of making good any damage likely to occur, such sum as the Company may stipulate.

6.5 The Company will only permit the removal of Lots purchased by the Buyer or its authorised agents.

6.6 The Buyer must remove each Lot purchased by the Clearance Date and Time for which time shall be of the essence. Lots may only be removed during normal working hours or such hours as are specified in the Special Conditions. No clearance on Bank or Public Holidays.

6.7 Buyers should co-operate regarding order of removal of Lots in order to comply with the Clearance Date and Time. If it transpires that a Buyer makes no effort to commence dismantling and the particular Lot is preventing other buyers from removing purchased Lots, then the Auctioneer reserves the right to insist that removal take place immediately notwithstanding the specified Clearance Date and Time. In the event the Buyer does not comply with its obligations under this General Condition 6.7, then the Auctioneer reserves the right to arrange for the removal and/or storage of the Lot and charge any attendant costs to the Buyer.

6.8 If any Lot is unsold and has to be dismantled & lowered to allow the removal of any other lot, then such dismantling & lowering shall be the responsibility of the Buyer of the relevant Lot(s).

6.9 Title to computer software sold pursuant to the Sale of a Lot is not transferred under any Sale to the Buyer and use is subject to any licence or copyright restrictions and user conditions. The Sellers, Company and/or Auctioneers reserve the right to erase any private or sensitive information prior to the Sale or at any later date.

6.10 The Buyer and/or his removal contractor must liaise with the Company`s site representative prior to commencing dismantling/removal of a Lot from the Location and must at all times comply with its obligations under clause 6.11 below.

6.11 When removing any Lot from the Location the Buyer shall, or shall procure that its removal contractors shall:

6.11.1 carry out a full assessment of Lot, the Location and the land or buildings to which the Lot is fixed to assess the risks associated with detaching/removing the Lot and shall fully satisfy themselves that they can detach/remove the Lot in compliance with the Buyers obligations under this General Condition 6.11 prior to handling and/or commencing removal of a Lot;

6.11.2 obtain all relevant planning permissions (where required) in relation to the removal of building structures and plant housings;

6.11.3 buyers of Lots will be required to make good holes or voids exposed by the removal of Lots. Cladding taken off buildings for removal of plant & equipment will have to be replaced, unless otherwise specified by the Company;

6.11.4 when detaching any Lot fixed to land or buildings, do so safely and lawfully and must not use flame cutters, explosives or any other dangerous equipment or process without first obtaining written consent of the Company;

6.11.5 remove the Lot in compliance with all relevant legislation, regulations, codes of practice, guidance, orders, rules and other requirements of any relevant government or governmental agency or authority whether Parliamentary, statutory, parochial or local including (without limitation) in compliance with the Health and Safety at Work etc Act 1974, the Environmental Protection Act 1990, The Construction (Design and Management) Regulations 2007, Control of Substances Hazardous to Health Regulations 2002 (COSHH), and the Road Vehicle (Construction and Use) Regulations 1986 and any subsequent amendments thereof and all other health and safety and environmental legislation in existence at the time of the Sale. To the extent that such regulations are advisory rather than mandatory, the standard of compliance to be achieved by the Buyer shall be to the best industry practice;

In all cases arising under this General Condition 6.11 the costs of compliance shall be borne by the Buyer and the Buyer hereby indemnifies the Company and the Seller against all losses, costs, expenses, damages, liabilities, demands, claims, actions and proceedings which the Company and/or the Seller may incur arising directly or indirectly out of any breach by the Buyer to the provisions of this General Condition 6.11 and the Buyer shall make good any damage caused to (without limitation) other lots, the Location or to any property belonging to third parties, in removing any Lot under this General Condition 6.11.

6.12 The Company shall be entitled to halt the clearance of any Lot if in its absolute discretion the removal of a Lot is being carried out in an unsatisfactory manner. Where the clearance is halted by the Company, the Buyer must liaise with the Company`s site representative as to how the Lot should be removed from the Location provided that the Buyer shall at all times ensure that it complies with its obligations under General Condition 6.11 above and the Company shall have no liability in this regard.

6.13 The Buyer shall provide evidence as and when requested by the Company of the Buyer`s insurance policies in respect of the following insurances and at a minimum level of:

6.13.1. Public Liability Cover - limit Two Million Pounds (£ 2,000,000); and

6.13.2. Employers Liability Cover - limit Ten Million Pounds (£10,000,000);

the Company reserves the right to vary the level of insurance cover stated above at any time, as and when required.

6.14 The Buyer shall provide to the Company a Risk Assessment & Method Statement complying with The Construction (Design & Management) Regulations 2007, COSHH or with any subsequent amendments thereof or such other legislation as shall from time to time be in force.

6.15 Electric, gas, water, steam and waste disconnections are the responsibility of the Buyer and MUST be carried out by an approved contractor following consultation with the site representative.

6.16 It is expressly brought to the Buyer’s attention that certain Lots could contain blue or white asbestos, dangerous chemicals etc. which if not handled correctly during their removal could result in breach of Health & Safety at Work legislation and/or Control of Substances Hazardous to Health Regulations or other statutory requirements.

6.17 Any fluids, gases and/ or waste remaining in plant and machinery are the responsibility of the Buyer and MUST be removed from the Location strictly in accordance with any applicable statutory requirements.

6.18 The Buyer must use safe and lawful means of removing the Lot, must comply with all current statutory requirements and regulations including those relating to the disposal and removal if waste, and if required, satisfy the Company in relation to their removal procedures; in particular, the removal of waste materials must be undertaken by an approved and licensed contractor to an approved waste management site.

6.19 It is the purchaser’s or their removal contractors responsibility (i.e. Police, Ministry of Transport, Local Authority) to transport off site long/ wide loads, within sufficient time prior to the commencement of clearance period as stated in the Special Notes & Conditions.

6.20 The Buyer shall indemnify the Company and the Seller against any loss, damages, expenses, claims or liabilities arising directly or indirectly from the possession or use of the Lot after title to the Lot has passed to the Buyer but before it is removed from the Location.

6.21 All Lots are sold on the understanding that the Seller does not represent them as being in a condition which makes them suitable for domestic use. If any Lots are intended for domestic use the Buyer must ensure that they comply with the requirements of the Furniture & Furnishings (Fire) (Safety) Regulations 1988 and any subsequent amendments thereof or such other relevant statutory requirements or regulations as shall from time to time be in force.

6.22 The Buyer undertakes to comply with the provisions of the Data Protection Act 1998 in processing data held by them in connection with any Lot.

7. Default by the Buyer

7.1 If at any time the Buyer has failed to pay the sums specified in General Condition 5 above in full by the due date for payment, or to remove any Lot purchased by the Clearance Date and Time specified in the Special Conditions the Seller may rescind the Sale of that Lot, in which case any Deposit shall be forfeit, and that Lot may be resold.

7.2 If the Seller has rescinded the Sale but the Buyer has removed the Lot purchased, the Seller shall be entitled without previous notice to enter upon any premises where he believes the Lot to be and remove it.

7.3 If the Seller has rescinded the Sale and the Lot has been resold by the Auctioneer and/or the Company or by the Seller, the Buyer shall reimburse the Seller with any shortfall where:-

7.3.1 the resale price less the Sale price; and

7.3.2 the costs incurred by the Seller incidental to the resale.

7.4 If the Buyer fails to remove any Lot by the Clearance Date and Time specified:-

7.4.1 the Seller may remove the Lot from the Location and leave it outside at the Buyer’s risk in all respects;

7.4.2 the Seller may charge the Buyer for the reasonable costs of storage;

7.4.3 the Seller may charge the Buyer rent, taxes, men`s wages and expenses incurred as a result of the Lot(s) remaining at the Location; and

7.4.4 the Buyer shall indemnify the Seller against any loss, damages, expenses, claims or liabilities incurred by the Seller arising from the Buyer’s failure to remove the Lot from the Location.

8. Acknowledgements and Exclusion of Warranties

8.1 The Buyer acknowledges that in agreeing to purchase any Lot he is not relying on any warranties or representations made by the Seller or the Company or any of their employee’s agents or representatives. All representations, warranties and conditions, express or implied, statutory or otherwise in respect of all and any of the Lots are expressly excluded and without limitation any warranties and conditions as to title, quiet possession, satisfactory quality, fitness for purpose and description are excluded to the fullest extent as permitted by law.

8.2 The Buyer further acknowledges that neither the Sellers nor the Company shall in any circumstances be liable to or to compensate the Buyer nor shall the Buyer be entitled to rescind the Sale or reject any Lot for an error omission or misstatement contained in the Catalogue and/or in the Special Conditions.

8.3 The Buyer also acknowledges that:-

8.3.1 all the Lots are purchased on the basis that risk of good title to all or any of them passing to the Buyer is at the Buyer’s risk and without limitation the Lots are sold subject to any claims, liens, distraint and execution and subject to all leasing, hire or hire purchase agreements and reservation of title claims (if any) in respect of them;

8.3.2 if it shall be found that the Seller does not have title to all or any of the Lots the Buyer shall have no right to rescind, avoid or vary this agreement or to claim damages or a reduction in the price paid or payable;

8.3.3 anything found in, under, near or in any Lot which is not specifically included in the description of the Lot remains the property of the Seller;

8.3.4 any intellectual property rights or software subsisting in a Lot may be third party property and as such the Seller and/or the Company may be unable to effect transfer. The Buyer will not be authorised to use intellectual property rights or software and any such use or transfer shall be at the Buyers sole risk.

8.4 The Buyer undertakes that it shall ensure that any vehicle comprised in any Lot is in a roadworthy condition in accordance with the Road Vehicle (Construction and Use) Regulations 1986 and any subsequent amendments thereof or such other relevant regulations as shall from time to time be in force before using it on a public road. It is the Buyer’s responsibility to remove Company logos and lettering from vehicles. Odometer readings are not warranted.

8.5 The Buyer acknowledges that any item of plant, machinery or equipment contained in the Lot(s) may not necessarily comply with any statutory requirements or regulations governing the use of that plant, machinery or equipment in their working environment. Neither the Seller nor the Company shall incur any liability to the Buyer because of any default or defect in all or any of the Lots. Buyers are entirely responsible for ensuring that the use of any item of plant, machinery or equipment does not contravene any health and safety and environmental legislation in existence at the time of the Sale.

8.6 The Buyer acknowledges and agrees that the Company is acting only as agent of the Seller and it is expressly agreed and declared that no personal liability in connection with the Sale of any Lot or otherwise shall fall on the Company and the Buyer shall indemnify the Company against all and any liabilities arising under or in connection with the Sale of any Lot. Insolvency Practitioner(s), including Administrative Receiver(s), Administrator(s) and Liquidator(s) act as agent(s) for the Seller without personal liability and shall incur no personal liability whatsoever in relation to a Sale or pursuant to any document relating thereto.

8.7 The Buyer agrees that the General Conditions and the exclusions which they contain are fair and reasonable bearing in mind that:-

8.7.1 the Buyer must rely absolutely on the Buyer’s own opinion and/or professional advice concerning the quality, state, condition, performance and functionality of the Lots any right, title or interest which is sold under the terms of these General Conditions, their fitness and suitability for any particular or any purpose, the possibility that some or all of them may have defects not apparent on inspection and examination including, without limitation, the presence of contamination and the possibility that the Buyer may not acquire title and the fact that the Buyer would have no remedy under this Agreement should that happen;

8.7.2 the Buyer has available to it skilled professional advice and on that basis agrees to purchase a Lot for a consideration calculated to take into account amongst other things the risk to it represented by the fact that the parties believe that all the exclusions and limitations set out in these General Conditions would be recognised as being fully effective by the Courts and the Seller making it clear that it would not have agreed to sell any Lot on any other basis except for a higher consideration;

8.7.3 the Buyer has been given every opportunity which might reasonably be expected to examine and inspect the Lots.

8.8 Notwithstanding anything else in these General Conditions, the Seller’s and the Company’s total liability under or in connection with the Sale of any Lot, whether in respect of breach of contract, tort (including negligence), breach of statutory duty or otherwise, including consequential loss, shall be limited in aggregate to the price paid for the Lot or if no price has been paid then the higher of the market value or reserve price for the Lot. This General Condition 8.8 does not apply to liability for death or personal injury.

8.9 The Buyer acknowledges that a Sale by Auction is not a consumer sale for the purposes of the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994) and the Unfair Contract Terms Act 1977 and the Buyer shall not seek to rely upon and conditions or warranties implied thereby or by any other legislation.

SPECIAL CONDITIONS OF SALE

Seller: As displayed on www.bidspotter.co.uk sale details page or in the catalogue

Location: As displayed on www.bidspotter.co.uk sale details page or in the catalogue

Directions: As displayed in the catalogue

Viewing: As displayed on www.bidspotter.co.uk sale details page or in the catalogue

Access to the Location is allowed on the understanding that all persons attend the Location entirely at their own risk and are responsible for and will indemnify the Seller and the Company against any losses damage or claims occasioned by their presence at the Location.

Children under the age of 16 will not be allowed access to the Location.

Registration:

All bidders must register their details with the Company and provide identification where required. In the case of Live Auctions by way of the registration form provided at the Live Auction or in the Catalogue and in the case of Online Auctions, online at the Website (www.bidspotter.co.uk).

Bidding:

The General Conditions and the Special Conditions apply to all Sales by way of Auction, private treaty and tender and in the case of any Bids placed by way of an Online Auction stress that all Bidders must read and understand Bidspotter’s terms and conditions of registration at www.bidspotter.co.uk.

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 and/or the 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.

Buyer`s Premium:

Buyers will pay a Buyer`s premium of 10% or 15% (as displayed on www.bidspotter.co.uk sale details page or in the catalogue) (plus VAT) of the purchase price for each Lot purchased whether by Auction or, private treaty or tender. The Buyer`s Premium is payable by the Buyer to the Company in accordance with the General Conditions and, for the avoidance of doubt is payable in addition to the purchase price for the Lot. The Buyer`s Premium is not negotiable and is payable by all Buyers.

Deposit:

Buyers shall pay a deposit of 25% (plus VAT) of the purchase price for each Lot purchased as requested by the Company pursuant to the General Conditions and these Special Conditions. The company reserve the right to take a deposit by way of a credit/ debit card payment from the card presented for registration if the payment terms below are not complied with.

Payment:

All Lots shall be paid for in full within 48 hours of the conclusion of the Sale and shall be at the Buyer`s risk immediately upon the conclusion of the sale.

Cash - In view of Money Laundering Regulations the Company reserves the right to refuse payment in cash. Payments in cash of more than £7,500 will not, in any circumstances, be accepted.

Bankers Draft/ Cheques: (made payable to Bpi & Associates Auctioneers & Valuers ) will only be accepted on the basis that any Lots are not removed until cleared funds are in the Company`s client account.

Debit Cards: The Company accepts debit cards for payment of invoices (subject to a surcharge of 2.5% - £5 minimum fee). Credit cards will only be accepted for deposit payments referred to under the ‘Deposit’ section above.

All sums payable under the General Conditions and these Special Conditions are exclusive of any applicable VAT for which the Buyer shall be additionally liable to pay to the Company.

Clearance:

All lots must be cleared without fail by the date as displayed on www.bidspotter.co.uk sale details page or in the catalogue, such date and time being the Clearance Date and Time as referred to in the General Conditions, REMOVAL OF ALL LOTS WILL BE STRICTLY BY APPOINTMENT, please see the Company`s invoice for contact details.

Collection from site is the Buyer’s responsibility, the Company/ Seller do not provide a packing/ delivery service.

Reserve Removal:

Lots sold subject to a reserve removal will either be indicated in the Catalogue with the date of availability or will be identified by the Auctioneer at the point of Sale. A Deposit will be payable as with other lots but in this instance payment in full can be left until five (5) working days prior to availability. Unless specified to the contrary such Lots must be removed from the Location not later than the Clearance Date and Time specified for final removal in these Special Conditions.

Fire Alarm:

In case of a fire alarm all visitors and contractors are to exit buildings and report to the Muster Point.

Smoking:

No smoking on site. Food and Drink is only to be consumed in designated areas.

Safety:

All persons including Buyers, their employees, agents, representatives and contractors are reminded that they are responsible for their own safety on site and enter at their own risk and should take the precaution of wearing protective clothing as appropriate.

Finance:

If Buyers wish to purchase Lots with the help of a finance company they should make arrangements well in advance of the Sale to ensure that they are able to make payment in accordance with the General Conditions.

Overseas Buyers:

Overseas Buyers should ensure that the country to which the items are destined:-

• holds no import restrictions on the goods to be purchased;

• has no import licence restrictions or a restriction on currency allocation;

• has no prolonged inspection procedure which might cause excess delay or refusal in allowing your goods to be imported.

Overseas Buyers will receive a fully descriptive invoice in order that they may arrange payment as soon as possible with the Company`s bank.

Overseas Buyers should employ a suitable freight forwarding organisation. Please note that many of the machinery removal companies in the United Kingdom are not necessarily freight forwarders. The [Seller and/or Company] will be pleased to advise accordingly.

The Company makes no representation and accepts no liability whatsoever to any Buyer in respect of the issuance or validity of any exportation or importation permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.

VAT Payments and Returns:

All overseas Buyers (EU and non EU) will be charged VAT at the current rate on each Lot purchased. This will be refunded to the overseas Buyer as soon as the Seller receives a copy of the bill of lading as proof of export, providing this documentation is received within 3 months of the sale date. The Seller is unable to refund the VAT on the Buyer’s Premium to non EU countries.

Misrepresentation:

Whilst every effort has been made to provide reliable information, Bpi & Associates do not warrant the information contained herein and prospective purchasers must satisfy themselves by inspection as to its correctness.

1 x BOSTON L-Shaped Right Handed Shower Bath - No Tap Hole - Pln Encap - Colour: White

Read article : 1 x BOSTON L-Shaped Right Handed Shower Bath - No Tap Hole - Pln Encap - Colour: White

Sale Dates: Thursday 17th August 2017 & Friday 18th August 2017

Item locations may differ, please check individual listings for location.

Collections: Altrincham WA14
Tuesday 22nd to Friday 25th August 2017* Subject to receipt of payment - (contact our Altrincham office on 0161-941-5043 to book in prior to collection).

Bolton BL1
Friday 25th August 2017* Subject to receipt of payment - (contact our Altrincham office on 0161-941-5043 to book in prior to collection).

Knutsford WA16

2nd September to 7th September 2017 by appointment.

Please note for this sale only all lots are subject to a 17.5% Buyer’s Premium. All lots (where applicable) are subject to VAT at 20%. 

Please note that all items are to be collected within 7 days from the end of the auction otherwise storage charges will apply. In2Corporate Ltd may store the inventory until collected, and the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

IMAGES & INFORMATION:

Please click on individual lots for additional pictures and information. Stock images are for

Purchasers must ensure payment is received in full, with cleared funds, prior to collection and in any event if paying by card or direct to the bank. Cash payments can be taken on the day. Payments can be made direct to In2Corporate Ltd’s accounts – Lloyds Bank – Account Number 72600960 Sort Code 30-95-42

Goods must be collected at the appointment time given from Unit Q Lyons Industrial Estate, Atlantic Street, Manchester WA14 5DH unless the lot is listed under another location. Please remember to contact our office 0161 941 5043 to book in your collection date and time.

All new buyers must register with the auctioneers before bidding and the auctioneers reserve the right to REFUSE a sale to a prospective purchaser who has not registered before bidding. A deposit of £100 will be required on approval for bidding (£103.00 for credit cards). Please note that the £100 deposit is either refunded if you are not successful with your bidding.

Credit Card payments are subject to a 3% surcharge. There is no charge for Debit cards when used to pay for purchases. However, please note that first time buyers to In2Corporate chosing to pay through either Debit or Credit Cards who have not bought with In2Corporate prior to this sale will be required to pay a further additional 3% (6% total) surcharge. 

Payments made by BACS is however not liable for any surcharge.

All bidders are required to register in order to bid.

Please remember that by clicking to bid on the internet or indicating a bid in the room that these actions are a legal commitment to buy and when the hammer goes down you have purchased the goods at that price in the condition they stand in, if you are unable to establish the condition or value of the goods to your satisfaction then please do not bid, any goods purchased do not carry any warranty or guarantee, goods are sold as seen and the Sale of goods act does not apply to this sale. 

Please see our terms and conditions.

Staggered end times may sometimes apply, please check times on Bidspotter for clarification.

Access for bidding can be obtained through our website www.in2corporate.com, follow the link for Current Sales or directly on www.bidspotter.co.uk.

In the event of a bid being received within 10 minutes of the schedule closing time, the bidding period on that specific lot will automatically extend by a further 10 minutes and a further 10 minutes for any bid received thereafter.

Maximum Bids: If more than one maximum bid is placed of the same amount, the maximum bid placed first will be considered the highest 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.

Bidders are reminded to make sure they ‘REFRESH’ their screens to ensure they are aware of current bids.

At the close of the timed Online Auction Sale final Bid (offer) figures will be submitted to the Seller for its approval and any Bid (offer) shall be subject to approval and acceptance by the Company and/or the Seller. No Bid (offer) may be withdrawn and the Company/Seller does not bind himself to accept the highest Bid (offer) or any other Bid (offer) placed in the course of the Online Auction Sale.

The Seller may refuse at his sole discretion to accept any offer and shall not be obliged to accept any offer nor the highest offer or offers tendered. The Seller reserves the right to accept the whole or such part of any offer or offers as he may think fit.

IMPORTANT: Your highest bid will be treated as a valid bid even if the reserve is not met. The Seller reserves the right to accept the whole or such part of any offer or offers as he may think fit. Remember when placing a bid you are bidding to buy!

For further terms and conditions, please visit:

http://www.in2corporate.com/terms-and-conditions/

For technical questions relating to online bidding sign in to Bidspotter and then under “My Bidspotter” click on Support.

 

Buyers Agreement

Welcome to In2Corporate Ltd, below are our Terms and Condition. Please take the time to read them carefully. This is a legally binding contract. Please review it carefully.

Below are the terms and conditions for buying in our sales. Please read these terms and conditions carefully before bidding on any inventory as it is a legally binding agreement. The Buyer agrees to be bound by these terms and conditions, subject to any amendments contained in the Special Conditions. In the event of any conflict between these terms and conditions and the Special Conditions, the Special Conditions shall prevail. No offers or Bids made by the Buyer shall alter or qualify these terms and conditions unless In2Corporate Ltd specifically confirms this by email.

In2Corporate Ltd does not in any way warrant the fitness of the Items sold via the timed online auction, tender auction, live auction, or a fixed price sale for the particular purpose for which the Buyer intends to use them. Furthermore, In2Corporate Ltd hereby specifically DISCLAIMS any express or implied warranty or merchantability of any Items via the timed online auction, tender auction, live auction, or a fixed price sale.

All goods displayed on this website are sold as seen and unless clearly stated otherwise on the individual lot and are sold without warranty. Where it may state dependent on the seller, bidders may have the opportunity to inspect goods prior to bidding and bidding on lots without recourse to condition or completeness, it is the responsibility of the bidder to satisfy themselves as to the condition and completeness of goods prior to bidding and to bid accordingly.

1. in this Agreement. The following words shall have the following meanings:

1.1 “Bid” means an offer made by a prospective Buyer to buy an Item via the timed online auction, tender auction, live auction, or a fixed price sale.

1.2 “Buyer” “your and you” means the buyer of an Item via the timed online auction, tender auction, live auction, or a fixed price sale.

1.3 “Commission” means the commission payable by the Buyer to In2Corporate Ltd in respect of the Buyer being declared the successful bidder of a lot by the auctioneer.

1.4 “In2Corporate Ltd”, “we” or “us” means In2Corporate Ltd

1.5 “Item” means the item(s) of property placed by a Seller for timed online auction, tender auction, live auction, or a fixed price sale.

1.6 “Timed online auction, tender auction, live auction, or a fixed price sale” means an In2Corporate Ltd auction as defined in the terms and conditions..

1.7 “Password” means the password allocated to the Buyer at the time of registration for an online sale.

1.8 “Registration” means the registration of a Buyer for a timed online auction, tender auction, live auction, or a fixed price sale. Registration binds the buyer to In2Corporate Ltd terms and conditions of sale.

1.9 “Reserve” means the reserve price as stipulated by the Seller.

1.10 “No Reserve” means that the seller will allow the market to decide the end price commencing with a low start price agreed prior by the seller and In2Corporate Ltd on the Receipt Form in accordance with this Agreement.

1.11 “Summary” means the Summary of Commission and Charges of In2Corporate Ltd.

1.12 “Terms and Conditions” means the In2Corporate Ltd timed online auction, tender auction, live auction, or a fixed price sale terms of sale.

1.13 “Website” means the website in this case Bidspotter.co.uk

2. Agreement

2.1 The Buyer agrees that by participating in any timed online auction, tender auction, live auction, or a fixed price sale. The Buyer will abide by this Agreement.

2.2 The Summary and the Terms and Conditions will also form part of this Agreement. By participating in any timed online auction, tender auction, live auction, or a fixed price sale, you will agree to abide by the terms of the Summary and the Terms and Conditions.

3. Registration

3.1 Registration is required to bid in any timed online auction, tender auction, live auction, or a fixed price sale. Registration is free and does not obligate you to purchase anything. Registration requires you to provide In2Corporate Ltd with certain true, complete and accurate information about yourself. If you wish to participate in any timed online auction, tender auction, live auction or a fixed price sale or make a Bid, you will be required to provide details of a credit, debit or charge card and must certify that you are fully entitled to use the credit, debit or charge card at the time you provide such details. Each time that you Bid in the timed online auction, tender auction, live auction, or a fixed price sale you may be required to confirm your right to use the card, and also that such a card has sufficient funds to cover all charges to be incurred on it.

3.2 Any Username & Password issued to you is strictly private and confidential and may only be used for the purposes for which it is provided. The Username must be quoted by you in all correspondence relating to any online sale or in any Bid. You shall be responsible for all acts carried out or resulting from any use of your Username & Password by another party, whether authorised by you or otherwise. We reserve the right to withdraw any Username & Password which we consider to have been misused or where we believe there has been a security breech.

 

 

4. Suspension or Termination of Registration

4.1 In2Corporate Ltd reserves the right to suspend or terminate the Buyers Registration and/or Username & Password and the right to use the website and/or participate in any timed online auction, tender auction, live auction, or a fixed price sale at In2Corporate Ltd sole and unfettered discretion. No Buyer who’s Registration has been suspended or terminated may re-register without In2Corporate Ltd prior consent in writing.

5. Buying an Item

5.1 Bidding for an Item is an irrevocable offer to buy the Item at the Bid price. The winning bidder is the one who places the highest Bid that meets or exceeds where applicable any reserve set by the Seller by the deadline stipulated in respect of the timed online auction, tender auction, live auction, or a fixed price sale. If the Buyer is the highest bidder the Buyer is obligated to complete the transaction if the Bid is accepted. You authorise In2Corporate Ltd to debit your credit, debit or charge card for the relevant amounts (including any applicable, VAT, sales tax, shipping, etc.) in such circumstances.

5.2 If applicable any identical Bids are accepted, the first Bid received will take precedence. In2Corporate Ltd shall not be responsible for any Bid not arriving or being delayed for any reason. In2Corporate Ltd determination of the winning bidder will be conclusive. All unsuccessful Bids for any item will lapse after the close of any timed online auction, tender auction, live auction, or a fixed price sale of an Item.

5.3 Online Tender Sales will specify a closing date and time (“the Closing Time”) by which Bids should be made. Please note that In2Corporate Ltd reserve the right at all times to:

5.4 consider or accept Bids on behalf of the Seller prior to the specified Closing Time; and

5.5 alter, shorten or extend any Closing Time, and inform any potential Bidders that we are considering a Bid or Bids in respect of the inventory, up until a new closing time; and In2Corporate Ltd  shall endeavour to inform all potential Bidders in the event that a Closing Time is being changed.

5.6 No Contract shall be formed in respect of a Tender Sale until In2Corporate Ltd confirm acceptance of your Bid to the buyer by email in order to issue the relevant invoice.

5.7 In2Corporate Ltd reserve the right to accept commissioned bids to purchase inventory on behalf of Bidders, providing such commissioned Bids are given in the appropriate written or by email with a deposit bond in place, and are accepted by In2Corporate Ltd.

6. Description of Items

The Buyer is required to carefully read the entire listings for information about the Item, including the description section and any other information provided by the Seller. The Buyer must not rely solely on the title of the Item for a complete description of the Item. Condition Reports are available on request on most items. Descriptions are educated opinions based on the information available, provided by the Seller at the time of cataloguing. The buyer must make his/her own independent determination regarding the condition of the Item. The Buyer must be certain that he/she understands any shipping and payment terms set by the Seller.

If you are providing your own logistic arrangements any dispute must be filed immediately upon collection, if your shipping is being handled through In2Corporate Ltd you must advise our office within 24 hours following delivery of merchandise and a dispute form must be submitted. We will investigate the matter and come to a resolution within 10 business days. All parties must abide by the dispute resolution provided by In2Corporate Ltd

In2Corporate Ltd offers an efficient dispute process, providing final say in resolution for any dispute filed in the event of sellers misrepresentation in the description of a lot they are selling, this listing will be used in evidence as per our terms and conditions. Buyers and sellers have agreed to use this dispute resolution process and buyers should not use credit card charge backs as an alternative way to resolve a dispute. Any buyer who attempts to rescind a credit card transaction (i.e. charge backs) without our express written consent will be IMMEDIATELY banned from In2Corporate Ltd.

7. Cancelling or Retracting a Bid

7.1 A Bid is an irrevocable promise to purchase the Item available in the listing.

7.2 Bids may not be retracted except under certain situations such as manifest typographical errors (which shall be subject to In2Corporate Ltd sole determination, please see our reference to dispute resolution) or a material change to the auction listing (which shall be subject to In2Corporate Ltd sole determination).

7.3 A material change to the live/online sale would include a significant modification or amendment to the terms of the sale, shipping method, the title/description or identity the Item being altered, or material change in the photograph (if used) for the Item. However In2Corporate Ltd does, at times, publish Sale Room Announcements in live sales (which are also noted by the Auctioneer). These take precedence over certain lot descriptions and terms in the sale catalogue. All Buyers should review any Sale Room Announcements prior to bidding on a lot.

7.4 You must contact In2Corporate Ltd to request that your Bid be cancelled. To cancel a bid In2Corporate Ltd must receive a written request from the Buyer and a written acceptance from the Seller of the Item. Only when In2Corporate Ltd receives the written acceptance from the Seller in any timescale requested by In2Corporate Ltd, will your Bid be cancelled.

8. When the Winning Bidder Does Not Buy

8.1 If the winning Bidder does not buy or complete a successful live/online auction within 7 days, In2Corporate Ltd retain the right to contact the second highest bidder or any other bidder to offer the Item at the highest bid offered by that Bidder. If the Buyer is contacted in this way, the Seller shall allow a reasonable time for the Buyer to respond.

8.2 In the event that a buyer is successful in winning an item in the auction, or submits an accepted tender or buy it now offer and fails to pay for the item, In2Corporate Ltd reserves the right to levy a charge of £100 or the value of the winning bid, whichever is the lesser. This is to ensure that all bidders are genuine and reflects the cost of re-running the item for another auction.

 

 

9. Capacity to Contract

9.1 The Buyer must be legally able to enter into contracts for the Item that is Bid for. Generally this means you must be at least 18 years old if you are an individual. The Bidder must have the intention and ability to perform under the terms of any submitted Bids and under any purchase contracts that result from acceptance of such Bids by In2Corporate Ltd.

10. Reserves and Estimated Prices (where applicable)

10.1 All Items will be offered for sale at any timed online auction, live auction, and sale of an Item, subject to either the Sellers confidential Reserve, unless the Seller chooses to sell the items without reserve. The Reserve is the minimum price which the Seller will accept for the Item, and below which the Item will not be usually be sold. IMPORTANT: Your highest bid will be treated as a valid bid even if the reserve is not met. The Seller reserves the right to accept the whole or such part of any offer or offers as he may think fit. Remember when placing a bid you are bidding to buy! Each item, when published by us, may state an estimated price, being the price range reflecting our opinion of the amount the Item may be expected to bring at auction, based upon such factors as its condition, provenance, quality, rarity and prices paid at auction for comparable items. The estimated prices will not include the Commission, VAT (if applicable), Shipping and Insurance Charges, and Sales Taxes (if any), and may be revised prior to any timed online auction, tender auction, live auction, or a fixed price sale of an Item. with or without prior notice.

10.2 Bid manipulation and fraudulent bidding are prohibited.

10.3 Collusion between Bidders, or any form of price manipulation or bid rigging, obtaining more than one Registration, or other associations or aliases to artificially manipulate the bidding on an Item is strictly prohibited. You will not directly or indirectly attempt to manipulate the market.

10.4 The auctioneer reserves the right for the seller or their agent to bid on lots up to the sellers reserve price. The reserve price is held privately and may not be published on the auction lot.

10.5 Making Bids under a false name or with a stolen or invalid credit card is prohibited. We may in our sole discretion (I) refuse or remove bids which In2Corporate Ltd believes are fraudulent; or (ii) cancel Bids which In2Corporate Ltd believes are not made in good faith or made in violation of applicable law. If you are in breach of the Terms and Conditions against such improper bidding, we shall continue to be entitled to payment of our Commission as if the purchase of the Item had been properly completed for the amount which was Bid.

11. Delivery and Completion of Sale

11.1 Buyer agrees to bear the cost of transporting and international shipping as well as any importation. VAT sales, or use taxes that are due at the time of the transaction. The buyer can also request a shipping quote from In2Corporate Ltd

11.2 Any right to return the item(s) following delivery must be made in accordance with the Terms and Conditions.

12. Commission

The Commission which shall be an amount payable to In2Corporate Ltd in addition to the Bid Price shall be charged by In2Corporate Ltd in accordance with the terms and conditions.

13. Withdrawal

13.1 Withdrawal of Item or Cancellation of any timed online auction, tender auction or live auction,

13.2 We reserve the right to withdraw any Item from any timed online auction, tender auction, live auction, or a fixed price sale of an Item.

14. Credit Card Details

14.1 Any credit, debit or charge card details supplied by the Buyer may be used by us without further notification to obtain payment of all sums which become due from you under the terms of this Agreement.

 

15. Limitation of Liability

15.1 In2Corporate Ltd accepts no liability for any indirect, consequential or economic losses or any loss of profit. We shall not be liable for any failure of the Internet, whether in respect of end-to-end connectivity or any failure by any email to reach its destination within the expected time or at all. We shall not be responsible for any failure to fulfil our obligations due to any matter which is beyond our control, including technical malfunctions.

15.2 The maximum amount of In2Corporate Ltd liability to the Buyer for breach of our obligations, for negligence or otherwise (to the fullest extent that it is possible to limit such liability at law), shall be the successful Bid price of an Item provided that the transaction has completed. If there has been no completion, In2Corporate Ltd accepts no liability to you, to the fullest extent permissible by law.

15.3 In2Corporate Ltd accepts no liability for loss, damage, theft or unauthenticated items presented through us as authentic which may possibly if ever slip through the net. Items proven unauthentic will be returned with a fixed In2Corporate Ltd penalty of £10,000 for misrepresentation and reputation compensation to cover our company policies and standards.

16. LIABILITY

16.1 Nothing in these terms and conditions shall limit in any way In2Corporate Ltd liability:

16.2 For death or personal injury caused by our negligence;

16.3 Under the Consumer Protection Act 1987 or the Sale of Goods Act 1979;

16.4 For fraud or fraudulent misrepresentation; or

16.5 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

16.6 In2Corporate Ltd are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

16.7 loss of income or revenue;

16.8 loss of business;

16.9 loss of profits or contracts;

16.10 loss of anticipated savings;

16.11 loss of data; or

16.12 waste of management or office time however arising, provided that this clause 18.4 shall not prevent claims for loss of or damage to the Buyer’s tangible property that fall within the terms of clause

16.13 Or any other claims for direct financial loss that are not excluded by any of the above categories inclusive of this clause.

16.14 The Buyer hereby indemnify In2Corporate Ltd  and the Seller, our employees and agents against any and all losses, damages or expenses suffered as result of the Buyer’s breach of these terms and conditions, and shall obtain the requisite insurance cover against this indemnity.

17. Notices

17.1 Notices to us shall be given by recorded delivery mail, to our address at 
In2Corporate Ltd
Unit Q Lyons Industrial Estate
Atlantic Street
Altrincham
Manchester
WA14 5DH
United Kingdom 
and notice shall be given to you by email to the address provided on the Registration form. Email notices given by us shall be deemed effective on the day they are sent whether or not they are received. Notices by mail will be deemed accepted and delivered.

17.2 You agree that email correspondences between us shall be binding in relation to all notices which either of us needs to give the other. It is your sole responsibility to ensure that your emails are checked regularly and can be accessed by you at all times including during any period where you maybe travelling. You shall be solely responsible for notifying us in the event of any change in your email address and for obtaining back-up facilities in the event of any server failure or other malfunction.

18. Entire Agreement

This Agreement and the documents referred to in it represent the entire agreement between us in respect of the subject matter and may only be amended either by written agreement between us, signed on behalf of both parties (in respect of which agreement conducted by electronic mail shall constitute signature) or by In2Corporate Ltd issuing a general amendment shall be effective from the time of posting in the sale room or website and it is your obligation to keep yourself informed of amendments to the terms and conditions.

19. Resolution of Disputes and Applicable Law

If you are providing your own logistic arrangements any dispute must be filed immediately upon collection, if your shipping is being handled through In2Corporate Ltd tiontag.com you must advise our office within 24 hours following delivery of merchandise and a dispute form will be provided. We will investigate the matter and come to a resolution within 10 business days. All parties must abide by the dispute resolution provided by In2Corporate Ltd

In2Corporate Ltd offers an efficient dispute process, providing resolution for any dispute filed because of gross misrepresentation. As per our terms and conditions, buyers and sellers have agreed to use this dispute resolution process and should not use credit card charge backs as an alternative way to resolve a dispute. Any buyer who attempts to rescind a credit card transaction (i.e. charge backs) without our express written consent will be IMMEDIATELY banned from In2Corporate Ltd

In2Corporate Ltd and the Buyer agree that the English Courts shall have exclusive jurisdiction in respect of any dispute arising between us, other than in respect of the enforcement of judgments, where their jurisdiction shall be non-exclusive. English law shall govern the contract between us.

20. Photography

All photographs uploaded on Bidspotter.co.uk are provided for illustrative purposes only. Variations in colour and tone may occur during printing, thus images of lots should not be depended upon as actual representations of colour or condition.

21. COLLECTION, HANDLING AND CONDITION OF LOTS

21.1 Unless specified otherwise in the Special Conditions:

21.2 Buyers will be responsible for collection and removal of Lots purchased by them and must provide their own labour and equipment to effect such removal. Removal of inventory is at the Buyer’s expense and risk;

21.3 No inventory or part thereof can be removed until payment is made in full for it, together with payment of all other amounts due

21.4 No inventory shall be cleared without our authority, and no inventory shall be cleared unless In2Corporate Ltd or our employees or agents are present; and

21.5 Removal of inventory shall take place only upon the scheduled set date and times stated in each listing.

21.6 In2Corporate Ltd may at our discretion require the payment of a deposit prior to and/or during the removal of any inventory, which will be refunded on such removal being completed to our satisfaction. If the Buyer refuses to deposit such monies, In2Corporate Ltd or the premise owner may refuse the Buyer access to the relevant premises for the purposes of removing the inventory and/or to rescind the Sale without penalty.

21.7 All equipment used for lifting and transporting heavy items which have been purchased, including but not limited to fork lift trucks and other lifting devices, shall be fit for their purpose and for safe operation and covered by appropriate insurance and registration documents. This documentation may be required by ourselves or the premise owner for inspection and In2Corporate Ltd may refuse permission for the Buyer to use any such devices which we consider not to comply with the foregoing requirements.

21.8 The Buyer hereby indemnifies In2Corporate Ltd and the premise owner against and will make good any injury or damage to persons or property caused by it when handling inventory, and shall insure against this obligation and indemnity.

21.9 The Buyer shall have no right to anything not described on Bidspotter.co.uk website or in the relevant inventory list.

21.10 In exceptional circumstances we may agree to deliver inventory to the Buyer or store Lots bought by the Buyer in which case the following conditions shall apply, unless we agree otherwise in writing:

21.11 delivery of the Lots shall take place at our place of business;

21.12 the inventory shall be at Buyer’s risk from the time the Sale ends;

24.13 You shall take delivery of the inventory within 2 days of In2Corporate Ltd giving notice that the inventory is ready for delivery;

24.14 Any dates specified by Us for delivery of the inventory to the buyer is intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time;

24.15 Subject to the other provisions of these conditions In2Corporate Ltd or the Premise owner shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the inventory (even if caused by our negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days;

24.16 In2Corporate Ltd may store the inventory until delivery, and the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance); and

24.17 The Buyer shall provide at the delivery point and at its expense adequate and appropriate equipment and manual labour for taking delivery of the inventory.

24.18 Appropriate protective clothing, such as hard hats and safety shoes, must be worn during any removal or transportation activities involving inventory and due regard paid to relevant handling practices, laws regulations and codes of practice as well as any of the Seller’s or safety stipulations.

24.19 All electrical equipment and electrical supplies must be left in a safe condition during and after the removal of inventory and the use of explosives, flame cutting equipment or any other potentially hazardous or inflammatory process, shall not be permissible on the site without our express written consent.

24.20 It is expressly brought to your attention that, at the time of sale, any item of plant, machinery or equipment contained in the inventory may not necessarily comply with relevant Health and Safety or any other legislation governing the use of that plant, machinery or equipment, and no warranty is given that any inventory will so comply. From the conclusion of the relevant Contract it is the Buyer’s responsibility to ensure that such inventory will be safe and that their use does not contravene any legislation.

24.21 Certain items included in the inventory could contain blue and white asbestos, dangerous chemicals, or other substances which if not handled correctly during their removal from the site could result in a breach of Health and Safety legislation or other relevant legislation. It is the Buyers responsibility to comply with this legislation from conclusion of the relevant Contract.

24.22 Neither In2Corporate Ltd nor the Seller represents that any Lot sold which comprises furniture or furnishings subject to the Furniture and Furnishings (Fire & Safety) Regulations 1998, or similar legislation, are in a condition which makes them suitable for domestic use. Prior to supplying such inventory for domestic use the Buyer must therefore ensure that they comply with the requirements of such laws and regulations.

24.23 Buyers must ensure that any plant or motor vehicles forming part of the inventory comply with all relevant Laws and Regulations and have all necessary permits, certificates and authorisations before being used and In2Corporate Ltd warrant the accuracy of any recorded mileage on any motor vehicle forming part of the inventory.

24.24 The Buyer undertakes not to disclose or make available to any third party any unlicensed software loaded on any computer equipment forming part of inventory, or any part thereof. The Buyer further undertakes to erase any such unlicensed software at the earliest opportunity, and indemnifies In2Corporate Ltd from any liabilities arising out of the use of any unlicensed software loaded on any hard disc equipment forming part of inventory.

24.25 In2Corporate Ltd makes any warranty whatsoever in relation to computer hardware, software and/or equipment, all of which is bought at the Buyer’s own risk.

25. RISK AND TITLE

25.1 Title to the inventory shall only pass to the Buyer upon the latter of full payment for such inventory together with any other sums due from the Buyer to ourselves or the Seller, and removal of the inventory in accordance with these terms and conditions, and anyone purporting to sell inventory before having title to do so in accordance with these terms and conditions, will be deemed to hold and shall hold the sale proceeds on trust as agent for In2Corporate Ltd and the Seller.

25.2 The Inventory will be at the Buyer’s risk from the time the relevant Sale ends and the Buyers shall affect insurance for these risks at once. In no circumstances will In2Corporate Ltd be held responsible if any inventory or part thereof is stolen damaged or destroyed after the Sale ends.

25.3 The Seller shall only sell such title to the inventory as it may have.

25.4 Prior to clearance of any inventory In2Corporate Ltd may rescind the Contract for the sale of that inventory should any third party claim title to or possession of any part of the inventory.

25.5 If at any time In2Corporate Ltd or the Seller establish that each part of the inventory is subject to a charge, lien, retention of title claim or other encumbrance or that the Seller does not have an unencumbered title thereto then either In2Corporate Ltd or the Seller may give notice in writing that the inventory is to be excluded from the relevant Sale. In this case the Buyer shall be deemed to have waived and relinquished such title as it may have acquired to such inventory and this shall not be a ground for rescinding, avoiding or varying any or all of the provisions hereof or, for recovery of any or the entire purchase price paid by the Buyer.

25.6 If the title of the Seller to any inventory or part thereof which is transferred to the Buyer is called in to question by any third party, or if there is a dispute in relation to these Terms and Conditions, the Buyer will allow the Seller access to the inventory in question during normal business hours for the purpose of resolving such question.

25.7 If any inventories are excluded from these Terms and Conditions in accordance with Clause 9.5, the Buyer undertakes with In2Corporate Ltd and the Seller to:-

25.8 to deliver at its own expense the inventory on being requested to do so by In2Corporate Ltd or the Seller to such place as we shall require; or

25.9 to repay us or the Seller upon demand such amount as is agreed between the Seller and the owner of the relevant inventory or party having a claim thereto, as represents the sum recoverable from the Seller by reason of the Buyer’s failure to deliver the Lot in accordance with sub-clause 9.7.1.

26. EVENTS OUTSIDE OUR CONTROL

26.1 Neither In2Corporate Ltd nor the Seller will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

26.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond reasonable control and includes in particular (without limitation) the following:

26.3 strikes, lock-outs or other industrial action;

26.4 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

26.5 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

26.6 impossibility of the use of public or private telecommunications networks including the internet and other computer networks; or

26.7 The acts, decrees, legislation, regulations or restrictions of any government.

26.8 Performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and In2Corporate Ltd and the Seller will have an extension of time for performance for the duration of that period. In2Corporate Ltd will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

27. WAIVER

27.1 If In2Corporate Ltd fail or the Seller fails at any time to insist upon strict performance of any of the Buyer obligations under the Contract or any of these terms and conditions, or if In2Corporate Ltd fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the Buyer from compliance with such obligations.

27.2 A waiver by In2Corporate Ltd or the Seller of any default by You under these terms and conditions shall not constitute a waiver of any subsequent default.

27.3 No waiver by us or the Seller of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to the Buyer.

28. SEVERABILITY

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

29. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

29.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

30. VALUE ADDED TAX 

30. Most lots in most auctions are subject to VAT however the individual lot descriptions will refer to the VAT rate that applies. Buyer’s Premium is always subject to VAT.

30. Should you intend exporting the goods and believe you may be eligible for the lot price to be zero-rated for VAT purposes, it is crucial that you 
• Understand VAT on the Buyer’s Premium can never be zero-rated
• Pay an amount equivalent to the VAT (to be held on your behalf) at the time you make payment for the goods, to be returned pending provision of suitable paperwork
• Inform us at the time of payment that you intend claiming back the VAT, in order that we know to hold same on your behalf
• Provide suitable documentation, including proof of export and your own limited company name, VAT number, etc. within a maximum of 12 weeks of the sale date.
• Please note that in accordance with HMRC’s rules on “indirect exports” which any goods purchased from IN2Corporate would be classified under in the instance of export, we cannot zero-rate or refund VAT for UK based and/or registered purchasers. For the avoidance of doubt, if your registration address is within the UK, we cannot refund or zero-rate the VAT under any circumstances.
• Acknowledge our £50 administrative fee for dealing with same.