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.

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GENERAL CONDITIONS OF SALE

These General Conditions of Sale (the ‘Conditions) apply to any auction held or organised by the Auctioneer.

1) Definitions

1. 1)1.  When used in these Conditions, the following terms highlighted in bold shall have the following meanings:

   Auction:a public or private sale in which Goods belonging to the Seller are sold to the highest Bidder by the Auctioneer;

   Auctioneer: William George & Co Ltd (09080414) or any other company within the Group (including their employees and agents and any person to whom conduct of the Auction is delegated under clause 5.11);

   Bid: an offer to purchase a Lot in accordance with these Conditions submitted by a Bidder:

   Bidder: a person bidding for a Lot;
   Buyer: a person who submits the highest Bid for a Lot that is accepted by

   the Auctioneer;

   Buyer’s Premium: the Buyer shall pay a Buyer’s Premium of 16.5% plus VAT, unless otherwise indicated;

   Goods: any item (or number of items) consigned to the Auctioneer by the Seller to be placed into a Lot for sale at an Auction;

   Group: any entity that is a ‘subsidiary’ or ‘holding’ company as defined by s.1159 Companies Act 2006;

   Lot: (a collection of) Goods listed (whether in a catalogue or otherwise) by the Auctioneer that are available to be purchased at an Auction;

   Overseas Purchaser: a Buyer whose residence is outside the UK; and

   Seller: a person who has placed Goods with the Auctioneer for sale and who has the legal and beneficial title to the Goods listed in a Lot and/or any agent(s) authorised to act on their behalf.

   VAT: Value Added Tax at [the current rate] of the Lot price, unless otherwise indicated;

2. 1)2.  Any person who attends an Auction and/or submits a Bid at an Auction held or organised by the Auctioneer, whether by electronic means or otherwise, is deemed to have read and accepted these Conditions by reference to their attendance at the Auction or submission of a Bid.

3. 1)3.  To the extent that these Conditions are inconsistent with any special conditions set out or referred to in the Auction catalogue or announced at the Auction, the special conditions shall prevail.

4. 1)4.  References to a ‘person’ in these Conditions shall (where the context requires) include a natural person, corporate or unincorporated body (whether or not having a separate legal personality) and that person’s successors and permitted assigns.

2) The Seller’s Instructions and Warranties

1. 2.1  The Seller warrants that:-

   1. (a)  they have the full unencumbered legal title and express authority to sell the Goods that the Auctioneer has placed into in a Lot;

   2. (b)  the Goods placed into a Lot by the Auctioneer will be of satisfactory quality, will be fit for purpose and will be in accordance with any other relevant statutory obligations relating to the sale of the Goods;

   3. (c)  the description and content of the information listed by the Auctioneer (whether in a catalogue or otherwise) relating to any Goods is accurate and not misleading in anyway;

   4. (d)  subject to any contrary powers of the Auctioneer set out in these Conditions, he will sell the Goods placed in a Lot for the price indicated in a Bid submitted by a Buyer providing that the conditions in clause 4.1 are satisfied; ; and

   5. (e)  he will not contact any Buyers or potential buyers directly in relation to a sale of any Goods whilst they are listed in a Lot.

2. 2.2  If the Seller’s instructions are given by the Seller’s agent, the Seller’s agent warrants that he has the Seller’s authority:-

   1. (a)  to instruct the Auctioneer;

   2. (b)  to give the warranties set out in clause 2.1 above; and

   3. (c)  to instruct the Auctioneer to act in accordance with any special conditions.

3) The Auctioneer’s Remuneration

1. The Auctioneer’s remuneration shall be such as has been agreed between the Seller and the Auctioneer.

2. The Auctioneer may (in his discretion) deduct his remuneration from monies received from the Buyer before accounting to the Seller for the balance.

4) General rules governing bidding and buying

1. 4.1  If a Bidder submits a Bid to purchase any Lot(s), they must complete the transaction with the Seller providing:

   1. (a)  their Bid has been accepted as the highest value Bid for the Lot by the Seller; once the Auction for that Lot has closed;

   2. (b)  the Auctioneer declares that Bidder to be the Buyer in accordance with clause 5.7 and

   3. (c)  the value of their Bid is at least equal to or greater than any minimum reserve price for the Lot set by the Seller (if any).

2. 4.2  Upon satisfaction of the conditions in clause 4.1 a Buyer can only terminate a contract to purchase the Lot if the Goods comprising the Lot do not materially comply with the information provided in the Auction catalogue in relation to them.

1. 4.3  Unless the Auctioneer 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.

2. 4.4  Placing a Bid entitles the Auctioneer and any Seller to rely on the Bid as a genuine offer to purchase the Goods contained in the Lot.

3. 4.5  If the Auctioneer has earlier acknowledged in writing that the Bidder bids as agent on behalf of a named principal, the Bidder warrants that he has the authority of his principal to make each Bid he makes.

4. 4.6  The Bidder has the right to view all Lots. If the Bidder wishes to view a Lot,

   the Bidder must contact the Auctioneer atenquiries@wgandco.comThe Bidder must give the Auctioneer a minimum of 24 hours notice to arrange a viewing of a Lot. Please note that the Auctioneer can not guarantee any viewing of any Lot in the final 24hours of the Auction.

5. 4.7  Any request for information on a lot, must come via email, either through the

   lot enquiry form on each lot, or via email to -enquiries@wgandco.comPotential bidders must register for an auction to receive information about a lot. 

 

5) Conduct of the Auction

5.1  The Auctioneer offers each Lot as an agent of the Seller and not as principal unless otherwise indicated in the Auction catalogue.

5.2  Any Lot may be subject to a minimum reserve price set by the Seller unless otherwise indicated in the Auction catalogue.

5.3  The Seller or his representative or the Auctioneer on his behalf may Bid for any Lot unless otherwise indicated in the Auction catalogue.

5.4  The Auctioneer may at any time before the fall of the hammer withdraw or divide any Lot or combine any Lots.

5.5  With the previous written consent of the Seller, the Auctioneer may sell any Lot by private sale before or after the Auction.

5.6  Any person wishing to place a Bid for a Lot at an Auction organised by the Auctioneer must register with Bidspotter.co.uk, their relevant details and register a valid credit or debit card before they will be able to Bid.

5.7  A Bidder who submits the highest value Bid for any Lot before an Auction is closed may be declared as the Buyer by the Auctioneer.

5.8  If a Bidder submits a Bid within 10 minutes or less of the closure of any Auction, the Auctioneer reserves the right to automatically extend the time during which Bids can be submitted for a Lot by ten (10) minutes.

5.9  The Auctioneer may decide whether 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.

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

5.11  The Auctioneer may in his sole discretion delegate to a person whom he believes to be competent to conduct the auction in accordance with these Conditions

5.12 The Auctioneer reserves the right to reject any bids which the Auctioneer feels in its sole discretion does not reflect reasonable value.

5.13 The Auctioneer has a right to report suspicious activities to the relevant authorities, at any time.

5.14 The Auctioneer shall notify all successful Buyers by email.

5.15 The Buyer can access the Auction at www.bidspotter.co.uk or www.i-bidder.co.uk, www.the-saleroom.com & www.wgandco.com

5.16 We cannot be held liable for any errors on the website, problems with registration / accepting bids

5.17 The description of the item should hold precedence over the photographs. We reserve the right to use stock / catalogue images if original photographs cannot be used. Caution should be used when bidding on an item with only a stock image, as colours and sizes of an item can vary from the sale item. No warranty is given.

6) After the Sale

6.1 Upon the Auctioneer declaring the Auction for any Lot to be closed and the Lot to be sold, the Buyer shall immediately arrange to pay not less than 25% of the price offered in their Bid to the Auctioneer by way of direct payment into the nominated bank account of the Auctioneer (details of which shall be provided to the Buyer by the Auctioneer).

6.2 Payments shall be in pounds sterling (£) (unless otherwise indicated).

6.3 All prices are exclusive of VAT or other applicable taxes, delivery charges and insurance unless otherwise indicated by the Auctioneer (whether in the catalogue or otherwise).

6.4 Within [1] business day of the closure of the Auction in relation to any Lot the Buyer shall confirm the identity of any person on whose behalf he has purchased the Lot (if any).

6.5 The Buyer shall pay the following sums to the Auctioneer in full within 2 days of the Auction:

(a) the balance of the price due for the Lot together with any VAT due (including but not limited to the Buyer’s Premium); or

(b) where the final price for the Lot was not immediately determined upon the closure of the Auction for the Lot, the value as summarily determined by the Auctioneer, whose determination shall be final and binding, of all or part of any Lot.

In every case time shall be of the essence. Deadline is 16:00hrs on the second day after the auction.

6.6 The Auctioneer may at any time in his sole discretion grant the Buyer an extension of time, in which case the Buyer shall pay the auctioneer in full in accordance with such extension before moving or removing the Lot.

6.7 If the Buyer fails to make any payment due to the Auctioneer under these Conditions by the due date for payment, then, without limiting the Auctioneer’s remedies under these Conditions, the Buyer shall:

6.7.1 be contacted by the Auctioneer by email and telephone;

6.7.2 pay storage charges for the Lot at £20 per lot per day (more substantial items such as cars, plant, machinery or with a value over £10,000 shall be charged at £50 per Lot per day);

6.7.3 be responsible for paying any transportation costs of the Lot, this includes any charges connected with returning the item back to the Seller;

6.7.4 pay interest on the overdue amount at the rate of 8% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Buyer shall pay the interest together with the overdue amount.

6.8 Until the Buyer has complied with clause 6.5 above:-

(a) title to any Lot shall not pass to the Buyer;

(b) the Lot shall be at the Buyer’s risk;

(c) the Auctioneer shall have a lien over any Lot purchased by the Buyer at the Auction; and

(d) 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 Auctioneer and the Seller.

6.9 On written request by the Highest Bidder the Auctioneer shall provide a VAT invoice in a proper form, if appropriate.

7) Removal of the Lot

7.1 The Buyer may not remove their Lot until after the end of the Auction and the Auctioneer has confirmed that they are holding cleared funds received from the Buyer without the prior written consent of the Auctioneer.

7.2 After paying the sums specified in clause 6.5 above, the Buyer must remove the Lot bought within 5 days of the end of the auction. In each case time shall be of the essence.

7.3 The Auctioneer may at any time at his sole discretion and on terms reasonably specified by him grant the Buyer an extension to the time specified in clause 7.2 above.

7.4 If the Lot bought is or includes a motor vehicle, no warranty is given by the Auctioneer that the vehicle may safely or lawfully be driven on any road.

7.5 When removing any Lot the Buyer:-

(a) is responsible for detaching any Lot fixed to land and must do so safely and lawfully and must not use flame cutters, explosives or any other dangerous equipment or process without previous written permission signed by or on behalf of the Auctioneer; a written Health and Safety plan with method statement may be required.

(b) must use safe and lawful means of removing the Lot;

(c) shall indemnify the Auctioneer and Seller against any loss damage legal or other expenses and any claim arising from the detaching of the Lot or its removal; and

(d) shall have adequate insurance in respect of such indemnity and shall on request produce to the Auctioneer a receipt for the last premium due or other sufficient evidence that such insurance has been effected and remains in force.

7.6 The Auctioneer reserves the right to stop the removal of any Lot if in their sole discretion they do not believe the Lot is being moved in accordance with clause 7.5 above.

7.6 It is the Buyers sole responsibility to arrange for collection or delivery of the Lot.

7.7 Lots will not be released, even when purchased, if there is an outstanding invoice, in this or another auction.

7.8 Purchasers should contact the vendor or agent, once an invoice has been paid to ensure there are no lifting out fees for large, outsized or dangerous goods.

7.9 There is no guarantee of collection in the first 48 hours after an auction.

7.10 Once an item is removed from the sellers location by the buyer or a third party on their behalf, then it is deemed to be acceptable and correct.

7.11 Any issues relating to an item should be taken up with the vendor at the point of collection.

8) Liability of the Auctioneer

8.1 Goods sold in any Lot are sold as seen, with all faults and imperfections and the Auctioneer is not responsible for any defects whatsoever (whether latent or not).

8.2 No warranty or representation of any kind is given or authorised to be given by the Auctioneer with regards to any Lot.

8.3 The Auctioneer has no liability to the Buyer for any delivery or collection costs. If the Buyer is unable to collect any Lot, the Buyer is to contact the Seller, once the invoice has been paid.

8.4 The auctioneer is acting as the sales agent for the lots in auction. Any problems with a lot should be taken up with the vendor.

9) Overseas purchasers

9.1 If the Buyer is an Overseas Purchaser they must advise of their intentions to export the Lot immediately and notify the sales co-ordinator of the Auctioneer by email: accounts@wgandco.com

9.2 Overseas Purchasers will be required to provide the following information: (a scanned copy of):

(a) their passport(s);

(b) another form of identity, (i.e. drivers licence, name, address, UK agent (if any), telephone and fax numbers);

(c) full details of their national bank and their UK corresponding bank; and

(d) details from their bank confirming method of payment.

9.3 It is the Buyers’ responsibility to ensure that:

(a) the country to which the Goods are destined to got to have no import restrictions on the Goods that they have purchased;

(b) the country has no import licence restrictions or a restriction on currency allocation;

(c) the country has no prolonged inspection procedure, which might cause excessive delay in allowing the Goods to be imported;

(d) they employ a reputable freight-forwarding organisation; and

(e) the Buyer has read and agreed with these Conditions.

9.4 If there are any special arrangements that the Buyer wishes to make with the Auctioneer, the Buyer must contact the Auctioneer at least three business days before an Auction takes place.

9.5 We reserve the right to insist a deposit is paid before bidding from an overseas bidder.

10) VAT and subsequent refunds.

10.1 All Buyers intending to export a Lot will be charged an additional deposit equal to that of the VAT due on each Lot purchased.

10.2 In order to qualify for a refund, the Goods must be exported in accordance with relevant export regulations and valid written evidence of such compliance shall be sent by the Buyer to the Auctioneer within one month of the date of export to the following address on official company headed notepaper signed by the Buyer: William George & Co Ltd, 8 Phorpres Close, Peterborough, PE7 8FZ.

10.3 Where satisfactory evidence is not provided, goods will be subject to UK VAT at the standard rate of export and the Buyer will forfeit any deposit they may have paid in accordance with this clause 10.

10.4 The Auctioneer is unable to refund the VAT on the Buyers’ Premium in any circumstances.

10.5 If the Buyer chooses to export their purchases using their own transport, then VAT will be levied and refunded upon satisfactory documentation supporting the removal of the Goods purchased being sent to the address set out in clause 10.2.

10.6 Notwithstanding any other clause in these Conditions the Auctioneer reserves the right to refuse:

(a) to accept any Bid from a Bidder; or

(b) to sell any Lot (in whole or in part) to a Buyer.

11) Default by the Buyer

11.1 If at any time the Buyer fails to pay any of the sums under these Conditions when they fall due or to remove any Lot by the time specified in clause 7 above (or any extension granted under clause 7 above) the Auctioneer may rescind the sale of that Lot, in which case any deposit shall be forfeited, and that Lot may be resold by Auction or privately by the Auctioneer.

11.2 If the Auctioneer has rescinded the sale but the Buyer has removed the Lot bought, the Auctioneer shall be entitled upon serving reasonable advanced written notice on the Buyer, to enter upon any premises where he believes the Lot to be and safely remove it.

11.3 If the Auctioneer has rescinded the sale and the Lot has been resold, the Buyer shall make good any deficiency, namely:-

(a) the sale price less the resale price; and/or

(b) the costs of and costs incidental to the resale of the Lot.

11.4 If the Buyer has failed to remove any Lot by the time specified in clause 7 above (or any extension granted under clause 7 above) and as a result the Seller is unable to give vacant possession on disposing of or relinquishing any interest in the premises from which the Lot should have been removed, the Buyer shall compensate the Seller for any loss arising from their failure to give vacant possession.

11.5 If at any time the Buyer in any way breaches or defaults under any of these Conditions, the Auctioneer reserves the right (without prejudice to any other rights) to issue proceedings 28 days after the Buyer’s initial default or breach of these terms. The Auctioneer’s claim shall include, but not limited to, any loss of earnings (buyers commission), any administration charges, any storage charges and any legal fees associated with the Buyer’s breach or default (all amounts will exclude VAT).

11.6 The Auctioneer reserves the right to recover any outstanding charges from the Buyers payment card used to register for the Auction.

11.6.1 if the card used to register is fraudulent, registered to a third party or does not have enough funds on it to cover the cost, a £25 plus Vat fee will be added to the invoice.

11.6.2 if we have to take payment from a registered card, we will endeavour to take from the invoice, in descending order, the whole amount, half the amount, one quarter of the amount, our premium plus Vat, £100 and then £50.

11.6.3 if the attempt to take payment is unsuccessful then we will charge £5.00 per transaction to recover the funds in 11.6.2

11.6.4 We do not except payment by credit or debt card - Our charges for credit card are 4% and 2% for debit cards.when taking deposit 

11.6.5 Bidders who submit charge backs after non payment of an invoice will be charged the following

(a) Administrative charge of £250 plus VAT to defend the charge back.

(b) Storage charges will start immediately the Charge Back notification is received from our bank for a minimum of 28 days at a rate of £50 per item per day, plus Vat. We will also look to recover all of our premium.

(c) All Chargebacks will be pursued through the courts.

11.6.6 Invoices that are outstanding 10 days after the end of the Auction will have the funds debited direct from registered bank card. This will include but not limited to the Buyer’s Premium, storage and transport costs and Vat.

11.7 If the Auctioneer issues proceedings the following costs shall be payable by the Buyer:

11.7.1 the solicitor costs varying from £150 - £250 plus VAT for the issuing of proceedings;

11.7.2 £10 plus VAT for the initial letter sent by the solicitor; and

11.7.3 any court fees that are incurred, including but not limited to £90 lost wages, travel costs and £165 hearing fee.

11.7.4 Our solicitors rate for attending court is £300 plus VAT per hour, plus expenses.

11.7.5 Our staff rate for processing a legal claim is £70 plus VAT per hour plus expenses.

11.8 Any Buyer who is in default or breach under these terms shall be banned from any Auction held by the Auctioneer, Bidspotter or ibidder.

12) Data Protection

12.1 The Auctioneer will only use the personal information provided to them to provide auction services, or to inform Buyers and Sellers about similar services which they provide, [unless told by such parties that they do not want to receive this information by ticking the ‘opt out’ box on the bid slip, or by ticking the relevant box on the relevant web page.

12.2 The Buyers and Sellers acknowledge and agree that the Auctioneer may pass their details to credit reference agencies.

13) Waiver

13.1 No failure or delay by the Auctioneer to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by the Auctioneer shall prevent or restrict the further exercise of that or any other right or remedy.

14) Jurisdiction

14.1 These Conditions shall be governed by and construed in accordance with the laws of England and Wales, save that:

(a) if the Auction is held in Scotland, in accordance with the laws of Scotland; or

(b) if the Auction is held in Northern Ireland, in accordance with the laws in Northern Ireland (where applicable).

15) Guidance on Registration

15.1 The Auctioneer reserves the right to decline a bidders registration to bid without notice or recourse.

15.2 The Auctioneer reserves the right to request a deposit from all or any bidders at any time.

15.3 Unless and Invoice is amended within 1 business day as per point 6.4, to state that the name should be changed to a Company. Then the registered bidder is always liable for any outstanding invoice.

15.4 If the invoice is changed to a company as per point 6.4 and the company goes into liquidation or is dissolved then the original registered bidder will still be liable for any outstanding debt.

15.5 We reserve the right to request to Companies House that any company that has an outstanding debt is halted from dissolution until the debt is cleared.

15.6 A bidder must give their full name at registration, initials and nicknames are not valid.

15.7 By registering for an auction, you agree to be entered into our mailing list.

15.8 If you are purchasing an item through third party finance, this needs to be pre-arranged so that there is no delay in payment.

16) General Conditions

16.1 All our telephone calls are recorded. We reserve the right to use them as evidence in the event of a dispute.

16.2 All auctions are Business to Business transaction and not a retail transaction.

16.3 The contract of sale is between the Vendor and the purchaser, William George & Co Ltd, its staff and subsidiaries are the broker to ease the transaction and is not liable whatsoever.

Any issue with a lot must be raised with 14 days of the auction ending - after this date we are unable to take action and all communication must be directed to the Vendor  

 

(AA91) Gladstone II Bath Mixer Shower Tap with Hand Held Presenting a contemporary design, this s

Read article : (AA91) Gladstone II Bath Mixer Shower Tap with Hand Held Presenting a contemporary design, this s

Auction End Date: 25th August 2017. 1pm
Payment Due Date: 29th August 2017. 4pm
Collection Due Date: 1st September 2017. 4pm
Delivery Information (if applicable):

Sale Currency: GBP 
VAT: VAT is always payable on the Buyers Premium - Please check the individual lot to find out if VAT is applicable on Hammer 

Other Information: 

This stock is part of an ongoing liquidation on behalf of a large online bathroom fixture retailer.  The vast majority of this stock is new and boxed however a small number of items have been out lifted from showrooms and may have cosmetic marks.  All items are 'sold as seen' as clearance liquidation stocks and viewing is highly recommended to avoid disappointment.  

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Lot Locations

Sheffield, S4

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Before You Bid Checklist

Please be aware that once you bid you are legally bound to pay your invoice, bids placed in auction cannot be removed afterwards. If you are unsure do not bid. 

All Lots are subject to a Buyers Premium

Payment from outside the UK will be subject to a £10 charge

Payment is to be made via Bank Transfer, or cash can be paid into a Lloyds Bank branch

We do not accept card payments or cash on collection

If you are exporting goods won in auction. The VAT on Hammer must be paid first, and will only be refunded on receipt of proof of export

Please note that late payment and collection fees will be added where applicable

As this is not a retail sale, the Sale of Goods Act does not apply

Please note that all bids are final. We cannot retract a bid once it has been placed

Viewing & Enquiries 

To arrange a viewing, or make an enquiry you must first register for this auction. Once your registration has been approved, please click the ‘Ask A Question’ button within our Auctioneer details area of the specific lot you are interested in. This will let us know exactly which lot you are enquiring about, and help us keep track of your enquiry. 

Once we have received your request, a member of our support team will contact you back shortly. Unfortunately, we are unable to process viewings or specific enquiries directly over the phone as we will need time to contact the vendor. 

Unfortunately, no viewing can be accommodated within the last 24hrs of the sale. 

GENERAL CONDITIONS OF SALE

These General Conditions of Sale (the ‘Conditions) apply to any auction held or organised by the Auctioneer.

1) Definitions

1. 1)1.  When used in these Conditions, the following terms highlighted in bold shall have the following meanings:

   Auction:a public or private sale in which Goods belonging to the Seller are sold to the highest Bidder by the Auctioneer;

   Auctioneer: William George & Co Ltd (09080414) or any other company within the Group (including their employees and agents and any person to whom conduct of the Auction is delegated under clause 5.11);

   Bid: an offer to purchase a Lot in accordance with these Conditions submitted by a Bidder:

   Bidder: a person bidding for a Lot;
   Buyer: a person who submits the highest Bid for a Lot that is accepted by

   the Auctioneer;

   Buyer’s Premium: the Buyer shall pay a Buyer’s Premium of 16.5% plus VAT, unless otherwise indicated;

   Goods: any item (or number of items) consigned to the Auctioneer by the Seller to be placed into a Lot for sale at an Auction;

   Group: any entity that is a ‘subsidiary’ or ‘holding’ company as defined by s.1159 Companies Act 2006;

   Lot: (a collection of) Goods listed (whether in a catalogue or otherwise) by the Auctioneer that are available to be purchased at an Auction;

   Overseas Purchaser: a Buyer whose residence is outside the UK; and

   Seller: a person who has placed Goods with the Auctioneer for sale and who has the legal and beneficial title to the Goods listed in a Lot and/or any agent(s) authorised to act on their behalf.

   VAT: Value Added Tax at [the current rate] of the Lot price, unless otherwise indicated;

2. 1)2.  Any person who attends an Auction and/or submits a Bid at an Auction held or organised by the Auctioneer, whether by electronic means or otherwise, is deemed to have read and accepted these Conditions by reference to their attendance at the Auction or submission of a Bid.

3. 1)3.  To the extent that these Conditions are inconsistent with any special conditions set out or referred to in the Auction catalogue or announced at the Auction, the special conditions shall prevail.

4. 1)4.  References to a ‘person’ in these Conditions shall (where the context requires) include a natural person, corporate or unincorporated body (whether or not having a separate legal personality) and that person’s successors and permitted assigns.

2) The Seller’s Instructions and Warranties

1. 2.1  The Seller warrants that:-

   1. (a)  they have the full unencumbered legal title and express authority to sell the Goods that the Auctioneer has placed into in a Lot;

   2. (b)  the Goods placed into a Lot by the Auctioneer will be of satisfactory quality, will be fit for purpose and will be in accordance with any other relevant statutory obligations relating to the sale of the Goods;

   3. (c)  the description and content of the information listed by the Auctioneer (whether in a catalogue or otherwise) relating to any Goods is accurate and not misleading in anyway;

   4. (d)  subject to any contrary powers of the Auctioneer set out in these Conditions, he will sell the Goods placed in a Lot for the price indicated in a Bid submitted by a Buyer providing that the conditions in clause 4.1 are satisfied; ; and

   5. (e)  he will not contact any Buyers or potential buyers directly in relation to a sale of any Goods whilst they are listed in a Lot.

2. 2.2  If the Seller’s instructions are given by the Seller’s agent, the Seller’s agent warrants that he has the Seller’s authority:-

   1. (a)  to instruct the Auctioneer;

   2. (b)  to give the warranties set out in clause 2.1 above; and

   3. (c)  to instruct the Auctioneer to act in accordance with any special conditions.

3) The Auctioneer’s Remuneration

1. The Auctioneer’s remuneration shall be such as has been agreed between the Seller and the Auctioneer.

2. The Auctioneer may (in his discretion) deduct his remuneration from monies received from the Buyer before accounting to the Seller for the balance.

4) General rules governing bidding and buying

1. 4.1  If a Bidder submits a Bid to purchase any Lot(s), they must complete the transaction with the Seller providing:

   1. (a)  their Bid has been accepted as the highest value Bid for the Lot by the Seller; once the Auction for that Lot has closed;

   2. (b)  the Auctioneer declares that Bidder to be the Buyer in accordance with clause 5.7 and

   3. (c)  the value of their Bid is at least equal to or greater than any minimum reserve price for the Lot set by the Seller (if any).

2. 4.2  Upon satisfaction of the conditions in clause 4.1 a Buyer can only terminate a contract to purchase the Lot if the Goods comprising the Lot do not materially comply with the information provided in the Auction catalogue in relation to them.

1. 4.3  Unless the Auctioneer 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.

2. 4.4  Placing a Bid entitles the Auctioneer and any Seller to rely on the Bid as a genuine offer to purchase the Goods contained in the Lot.

3. 4.5  If the Auctioneer has earlier acknowledged in writing that the Bidder bids as agent on behalf of a named principal, the Bidder warrants that he has the authority of his principal to make each Bid he makes.

4. 4.6  The Bidder has the right to view all Lots. If the Bidder wishes to view a Lot,

   the Bidder must contact the Auctioneer atenquiries@wgandco.comThe Bidder must give the Auctioneer a minimum of 24 hours notice to arrange a viewing of a Lot. Please note that the Auctioneer can not guarantee any viewing of any Lot in the final 24hours of the Auction.

5. 4.7  Any request for information on a lot, must come via email, either through the

   lot enquiry form on each lot, or via email to -enquiries@wgandco.comPotential bidders must register for an auction to receive information about a lot. 

 

5) Conduct of the Auction

5.1  The Auctioneer offers each Lot as an agent of the Seller and not as principal unless otherwise indicated in the Auction catalogue.

5.2  Any Lot may be subject to a minimum reserve price set by the Seller unless otherwise indicated in the Auction catalogue.

5.3  The Seller or his representative or the Auctioneer on his behalf may Bid for any Lot unless otherwise indicated in the Auction catalogue.

5.4  The Auctioneer may at any time before the fall of the hammer withdraw or divide any Lot or combine any Lots.

5.5  With the previous written consent of the Seller, the Auctioneer may sell any Lot by private sale before or after the Auction.

5.6  Any person wishing to place a Bid for a Lot at an Auction organised by the Auctioneer must register with Bidspotter.co.uk, their relevant details and register a valid credit or debit card before they will be able to Bid.

5.7  A Bidder who submits the highest value Bid for any Lot before an Auction is closed may be declared as the Buyer by the Auctioneer.

5.8  If a Bidder submits a Bid within 10 minutes or less of the closure of any Auction, the Auctioneer reserves the right to automatically extend the time during which Bids can be submitted for a Lot by ten (10) minutes.

5.9  The Auctioneer may decide whether 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.

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

5.11  The Auctioneer may in his sole discretion delegate to a person whom he believes to be competent to conduct the auction in accordance with these Conditions

5.12 The Auctioneer reserves the right to reject any bids which the Auctioneer feels in its sole discretion does not reflect reasonable value.

5.13 The Auctioneer has a right to report suspicious activities to the relevant authorities, at any time.

5.14 The Auctioneer shall notify all successful Buyers by email.

5.15 The Buyer can access the Auction at www.bidspotter.co.uk or www.i-bidder.co.uk, www.the-saleroom.com & www.wgandco.com

5.16 We cannot be held liable for any errors on the website, problems with registration / accepting bids

5.17 The description of the item should hold precedence over the photographs. We reserve the right to use stock / catalogue images if original photographs cannot be used. Caution should be used when bidding on an item with only a stock image, as colours and sizes of an item can vary from the sale item. No warranty is given.

6) After the Sale

6.1 Upon the Auctioneer declaring the Auction for any Lot to be closed and the Lot to be sold, the Buyer shall immediately arrange to pay not less than 25% of the price offered in their Bid to the Auctioneer by way of direct payment into the nominated bank account of the Auctioneer (details of which shall be provided to the Buyer by the Auctioneer).

6.2 Payments shall be in pounds sterling (£) (unless otherwise indicated).

6.3 All prices are exclusive of VAT or other applicable taxes, delivery charges and insurance unless otherwise indicated by the Auctioneer (whether in the catalogue or otherwise).

6.4 Within [1] business day of the closure of the Auction in relation to any Lot the Buyer shall confirm the identity of any person on whose behalf he has purchased the Lot (if any).

6.5 The Buyer shall pay the following sums to the Auctioneer in full within 2 days of the Auction:

(a) the balance of the price due for the Lot together with any VAT due (including but not limited to the Buyer’s Premium); or

(b) where the final price for the Lot was not immediately determined upon the closure of the Auction for the Lot, the value as summarily determined by the Auctioneer, whose determination shall be final and binding, of all or part of any Lot.

In every case time shall be of the essence. Deadline is 16:00hrs on the second day after the auction.

6.6 The Auctioneer may at any time in his sole discretion grant the Buyer an extension of time, in which case the Buyer shall pay the auctioneer in full in accordance with such extension before moving or removing the Lot.

6.7 If the Buyer fails to make any payment due to the Auctioneer under these Conditions by the due date for payment, then, without limiting the Auctioneer’s remedies under these Conditions, the Buyer shall:

6.7.1 be contacted by the Auctioneer by email and telephone;

6.7.2 pay storage charges for the Lot at £20 per lot per day (more substantial items such as cars, plant, machinery or with a value over £10,000 shall be charged at £50 per Lot per day);

6.7.3 be responsible for paying any transportation costs of the Lot, this includes any charges connected with returning the item back to the Seller;

6.7.4 pay interest on the overdue amount at the rate of 8% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Buyer shall pay the interest together with the overdue amount.

6.8 Until the Buyer has complied with clause 6.5 above:-

(a) title to any Lot shall not pass to the Buyer;

(b) the Lot shall be at the Buyer’s risk;

(c) the Auctioneer shall have a lien over any Lot purchased by the Buyer at the Auction; and

(d) 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 Auctioneer and the Seller.

6.9 On written request by the Highest Bidder the Auctioneer shall provide a VAT invoice in a proper form, if appropriate.

7) Removal of the Lot

7.1 The Buyer may not remove their Lot until after the end of the Auction and the Auctioneer has confirmed that they are holding cleared funds received from the Buyer without the prior written consent of the Auctioneer.

7.2 After paying the sums specified in clause 6.5 above, the Buyer must remove the Lot bought within 5 days of the end of the auction. In each case time shall be of the essence.

7.3 The Auctioneer may at any time at his sole discretion and on terms reasonably specified by him grant the Buyer an extension to the time specified in clause 7.2 above.

7.4 If the Lot bought is or includes a motor vehicle, no warranty is given by the Auctioneer that the vehicle may safely or lawfully be driven on any road.

7.5 When removing any Lot the Buyer:-

(a) is responsible for detaching any Lot fixed to land and must do so safely and lawfully and must not use flame cutters, explosives or any other dangerous equipment or process without previous written permission signed by or on behalf of the Auctioneer; a written Health and Safety plan with method statement may be required.

(b) must use safe and lawful means of removing the Lot;

(c) shall indemnify the Auctioneer and Seller against any loss damage legal or other expenses and any claim arising from the detaching of the Lot or its removal; and

(d) shall have adequate insurance in respect of such indemnity and shall on request produce to the Auctioneer a receipt for the last premium due or other sufficient evidence that such insurance has been effected and remains in force.

7.6 The Auctioneer reserves the right to stop the removal of any Lot if in their sole discretion they do not believe the Lot is being moved in accordance with clause 7.5 above.

7.6 It is the Buyers sole responsibility to arrange for collection or delivery of the Lot.

7.7 Lots will not be released, even when purchased, if there is an outstanding invoice, in this or another auction.

7.8 Purchasers should contact the vendor or agent, once an invoice has been paid to ensure there are no lifting out fees for large, outsized or dangerous goods.

7.9 There is no guarantee of collection in the first 48 hours after an auction.

7.10 Once an item is removed from the sellers location by the buyer or a third party on their behalf, then it is deemed to be acceptable and correct.

7.11 Any issues relating to an item should be taken up with the vendor at the point of collection.

8) Liability of the Auctioneer

8.1 Goods sold in any Lot are sold as seen, with all faults and imperfections and the Auctioneer is not responsible for any defects whatsoever (whether latent or not).

8.2 No warranty or representation of any kind is given or authorised to be given by the Auctioneer with regards to any Lot.

8.3 The Auctioneer has no liability to the Buyer for any delivery or collection costs. If the Buyer is unable to collect any Lot, the Buyer is to contact the Seller, once the invoice has been paid.

8.4 The auctioneer is acting as the sales agent for the lots in auction. Any problems with a lot should be taken up with the vendor.

9) Overseas purchasers

9.1 If the Buyer is an Overseas Purchaser they must advise of their intentions to export the Lot immediately and notify the sales co-ordinator of the Auctioneer by email: accounts@wgandco.com

9.2 Overseas Purchasers will be required to provide the following information: (a scanned copy of):

(a) their passport(s);

(b) another form of identity, (i.e. drivers licence, name, address, UK agent (if any), telephone and fax numbers);

(c) full details of their national bank and their UK corresponding bank; and

(d) details from their bank confirming method of payment.

9.3 It is the Buyers’ responsibility to ensure that:

(a) the country to which the Goods are destined to got to have no import restrictions on the Goods that they have purchased;

(b) the country has no import licence restrictions or a restriction on currency allocation;

(c) the country has no prolonged inspection procedure, which might cause excessive delay in allowing the Goods to be imported;

(d) they employ a reputable freight-forwarding organisation; and

(e) the Buyer has read and agreed with these Conditions.

9.4 If there are any special arrangements that the Buyer wishes to make with the Auctioneer, the Buyer must contact the Auctioneer at least three business days before an Auction takes place.

9.5 We reserve the right to insist a deposit is paid before bidding from an overseas bidder.

10) VAT and subsequent refunds.

10.1 All Buyers intending to export a Lot will be charged an additional deposit equal to that of the VAT due on each Lot purchased.

10.2 In order to qualify for a refund, the Goods must be exported in accordance with relevant export regulations and valid written evidence of such compliance shall be sent by the Buyer to the Auctioneer within one month of the date of export to the following address on official company headed notepaper signed by the Buyer: William George & Co Ltd, 8 Phorpres Close, Peterborough, PE7 8FZ.

10.3 Where satisfactory evidence is not provided, goods will be subject to UK VAT at the standard rate of export and the Buyer will forfeit any deposit they may have paid in accordance with this clause 10.

10.4 The Auctioneer is unable to refund the VAT on the Buyers’ Premium in any circumstances.

10.5 If the Buyer chooses to export their purchases using their own transport, then VAT will be levied and refunded upon satisfactory documentation supporting the removal of the Goods purchased being sent to the address set out in clause 10.2.

10.6 Notwithstanding any other clause in these Conditions the Auctioneer reserves the right to refuse:

(a) to accept any Bid from a Bidder; or

(b) to sell any Lot (in whole or in part) to a Buyer.

11) Default by the Buyer

11.1 If at any time the Buyer fails to pay any of the sums under these Conditions when they fall due or to remove any Lot by the time specified in clause 7 above (or any extension granted under clause 7 above) the Auctioneer may rescind the sale of that Lot, in which case any deposit shall be forfeited, and that Lot may be resold by Auction or privately by the Auctioneer.

11.2 If the Auctioneer has rescinded the sale but the Buyer has removed the Lot bought, the Auctioneer shall be entitled upon serving reasonable advanced written notice on the Buyer, to enter upon any premises where he believes the Lot to be and safely remove it.

11.3 If the Auctioneer has rescinded the sale and the Lot has been resold, the Buyer shall make good any deficiency, namely:-

(a) the sale price less the resale price; and/or

(b) the costs of and costs incidental to the resale of the Lot.

11.4 If the Buyer has failed to remove any Lot by the time specified in clause 7 above (or any extension granted under clause 7 above) and as a result the Seller is unable to give vacant possession on disposing of or relinquishing any interest in the premises from which the Lot should have been removed, the Buyer shall compensate the Seller for any loss arising from their failure to give vacant possession.

11.5 If at any time the Buyer in any way breaches or defaults under any of these Conditions, the Auctioneer reserves the right (without prejudice to any other rights) to issue proceedings 28 days after the Buyer’s initial default or breach of these terms. The Auctioneer’s claim shall include, but not limited to, any loss of earnings (buyers commission), any administration charges, any storage charges and any legal fees associated with the Buyer’s breach or default (all amounts will exclude VAT).

11.6 The Auctioneer reserves the right to recover any outstanding charges from the Buyers payment card used to register for the Auction.

11.6.1 if the card used to register is fraudulent, registered to a third party or does not have enough funds on it to cover the cost, a £25 plus Vat fee will be added to the invoice.

11.6.2 if we have to take payment from a registered card, we will endeavour to take from the invoice, in descending order, the whole amount, half the amount, one quarter of the amount, our premium plus Vat, £100 and then £50.

11.6.3 if the attempt to take payment is unsuccessful then we will charge £5.00 per transaction to recover the funds in 11.6.2

11.6.4 We do not except payment by credit or debt card - Our charges for credit card are 4% and 2% for debit cards.when taking deposit 

11.6.5 Bidders who submit charge backs after non payment of an invoice will be charged the following

(a) Administrative charge of £250 plus VAT to defend the charge back.

(b) Storage charges will start immediately the Charge Back notification is received from our bank for a minimum of 28 days at a rate of £50 per item per day, plus Vat. We will also look to recover all of our premium.

(c) All Chargebacks will be pursued through the courts.

11.6.6 Invoices that are outstanding 10 days after the end of the Auction will have the funds debited direct from registered bank card. This will include but not limited to the Buyer’s Premium, storage and transport costs and Vat.

11.7 If the Auctioneer issues proceedings the following costs shall be payable by the Buyer:

11.7.1 the solicitor costs varying from £150 - £250 plus VAT for the issuing of proceedings;

11.7.2 £10 plus VAT for the initial letter sent by the solicitor; and

11.7.3 any court fees that are incurred, including but not limited to £90 lost wages, travel costs and £165 hearing fee.

11.7.4 Our solicitors rate for attending court is £300 plus VAT per hour, plus expenses.

11.7.5 Our staff rate for processing a legal claim is £70 plus VAT per hour plus expenses.

11.8 Any Buyer who is in default or breach under these terms shall be banned from any Auction held by the Auctioneer, Bidspotter or ibidder.

12) Data Protection

12.1 The Auctioneer will only use the personal information provided to them to provide auction services, or to inform Buyers and Sellers about similar services which they provide, [unless told by such parties that they do not want to receive this information by ticking the ‘opt out’ box on the bid slip, or by ticking the relevant box on the relevant web page.

12.2 The Buyers and Sellers acknowledge and agree that the Auctioneer may pass their details to credit reference agencies.

13) Waiver

13.1 No failure or delay by the Auctioneer to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by the Auctioneer shall prevent or restrict the further exercise of that or any other right or remedy.

14) Jurisdiction

14.1 These Conditions shall be governed by and construed in accordance with the laws of England and Wales, save that:

(a) if the Auction is held in Scotland, in accordance with the laws of Scotland; or

(b) if the Auction is held in Northern Ireland, in accordance with the laws in Northern Ireland (where applicable).

15) Guidance on Registration

15.1 The Auctioneer reserves the right to decline a bidders registration to bid without notice or recourse.

15.2 The Auctioneer reserves the right to request a deposit from all or any bidders at any time.

15.3 Unless and Invoice is amended within 1 business day as per point 6.4, to state that the name should be changed to a Company. Then the registered bidder is always liable for any outstanding invoice.

15.4 If the invoice is changed to a company as per point 6.4 and the company goes into liquidation or is dissolved then the original registered bidder will still be liable for any outstanding debt.

15.5 We reserve the right to request to Companies House that any company that has an outstanding debt is halted from dissolution until the debt is cleared.

15.6 A bidder must give their full name at registration, initials and nicknames are not valid.

15.7 By registering for an auction, you agree to be entered into our mailing list.

15.8 If you are purchasing an item through third party finance, this needs to be pre-arranged so that there is no delay in payment.

16) General Conditions

16.1 All our telephone calls are recorded. We reserve the right to use them as evidence in the event of a dispute.

16.2 All auctions are Business to Business transaction and not a retail transaction.

16.3 The contract of sale is between the Vendor and the purchaser, William George & Co Ltd, its staff and subsidiaries are the broker to ease the transaction and is not liable whatsoever.

Any issue with a lot must be raised with 14 days of the auction ending - after this date we are unable to take action and all communication must be directed to the Vendor