In these Terms of Service the expression “the
Auctioneer” includes his employees and agents and
any person to whom conduct of the Auction is
delegated.
These Terms of Service apply to every Auction of
Plant and Machinery, Chattels, Trade Stocks and
Vehicles conducted by the Auctioneer and to any Lot
offered for sale in the Auction whether that Lot includes
property fixed to land or not fixed to land or any other
personal property
If these Terms of Service have not previously
been accepted by a person bidding in an Auction,
bidding for any Lot in the Auction shall be deemed to
be an acceptance by the Bidder of these General
Conditions
To the extent that these Terms of Service are
inconsistent with any special conditions set out or
referred to in the Auction Page the special conditions
shall prevail.
These Terms of Service shall be governed
construed and enforced in accordance with the law of
the country in which the auction is being held.
The Seller's Instructions and Warranties
The Seller warrants that:
to any Lot offered for sale he will be able to pass
good and unencumbered title free from third party
claims;
any Lot offered for sale may be lawfully sold;
If the Seller's instructions are given by the Seller's
agent, the Seller's agent warrants that he has the
Seller's authority:-
to instruct the Auctioneer;
to give the warranties set out in clause 2.1 above;
to instruct the Auctioneer to act in accordance with
these Terms of Service and any special conditions.
The Auctioneer’s Remuneration
The Auctioneer’s remuneration shall be such as
has been agreed between the Seller and the
Auctioneer.
Bidding on behalf of another
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.
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
Conduct of the Auction
Any Lot may be subject to a reserve price unless
otherwise indicated.
The Seller or his representative or the Auctioneer
on his behalf may bid for any Lot unless otherwise
indicated.
The Auctioneer may at any time before the Lot is
sold, withdraw any Lots.
With the previous consent of the Seller, the
Auctioneer may sell any Lot by private sale before or
after the Auction.
The Auctioneer will require any Bidder to give his
name and address before accepting a bid.
The auctioneer may reject any bidder from bidding
at his sole discretion and without being required to give
reason.
The Auctioneer may reject any bid at his sole
discretion and without being required to give a reason.
The Buyer shall be the person who made the
highest bid at the close time of that Lot (including 'Extra Time').
The Auctioneer may decide where there is a
dispute between Bidders, may summarily determine
the dispute or immediately again offer the Lot for sale,
in each case without being required to give a reason.
The Auctioneer shall in every other respect decide
how the Auction is to be conducted and without being
required to give a reason.
After the Sale
Upon the Auctioneer declaring any Lot sold, the
buyer shall immediately pay to the Auctioneer if
requested a deposit of up to 25 per cent of the price.
Within the time specified in clause 6.3 below, the
Buyer shall pay the following sums to the Auctioneer in
full:-
the balance of the price of all Lots purchased
together with any VAT (Local taxes) due;
the value as summarily determined by the
Auctioneer, whose determination shall be final and
binding, of all or part of any Lot or of the premises
where the Auction is held which has been damaged or
destroyed by the Buyer or his principal or agent.
The time for complying with clause 6.2 above shall
be the time specified in the Auction page or if no time is
specified there, 4pm on the next working day and in
every case time shall be of the essence.
The Auctioneer may at any time in his sole
discretion grant the Buyer an extension of time for
complying with clause 6.2 above, in which case the
Buyer shall pay the
Auctioneer in full before moving or removing the Lot
together with interest on any unpaid sums at a rate of 4
per cent above Bank base rate in force from time to
time.
Until the Buyer has complied with clause 6.2 above:-
title to any Lot bought shall not pass to the Buyer;
the Lot shall be at the Buyer’s risk;
the Auctioneer shall have a lien over any Lot bought
by the Buyer in the Auction;
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 Seller.
On written request by the Buyer the Auctioneer
shall provide a VAT (Local Tax) invoice in proper form,
if appropriate.
Removal of the Lot bought
The Buyer may not remove any Lot he has bought
until after the end of the Auction.
The Buyer may not remove any Lot until the Buyer
has paid the sums specified in clause 6.2 above in full
for every Lot he has bought.
After paying the sums specified in clause 6.2
above, the Buyer must remove the Lot bought by the
time specified in the Auction Page or if no time is
specified there, 5pm on the next working day, and in
every case time shall be of the essence.
The Auctioneer may at any time at his sole
discretion and on terms specified by him grant the
Buyer an extension of the time specified in clause 7.3
above.
If the Lot bought is or includes a motor vehicle, no
warranty is given that the vehicle may safely or lawfully
be driven on the road.
When removing any Lot the Buyer:-
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;
must use safe and lawful means of removing the
Lot;
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.
shall have 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.
Default by the Buyer
If at any time the Buyer has failed either to pay the
sums specified in clause 6.2 above in full by the expiry
of the time specified in clause 6.3 above (or any
extension granted under clause 6.4 above), or to
remove any Lot by the time specified in clause 7.3
above (or any extension granted under clause 7.4
above) the Auctioneer may rescind the Sale of that Lot,
in which case any deposit shall be forfeit, and that Lot
may be resold by auction or privately.
If the Auctioneer has rescinded the sale but the
Buyer has removed the Lot bought, the Auctioneer
shall be entitled without previous notice to enter upon
any premises where he believes the Lot to be and
remove it.
If the Auctioneer has rescinded the sale and the Lot
has been resold, the Buyer shall make good any
deficiency, namely:-
the sale price less the resale price;
the costs of and incidental to resale.
If because the Buyer has failed to remove any Lot
by the time specified in clause 7.3 above (or any
extension granted under clause 7.4 above), 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 resulting.
Liabilities and Indemnities
The Auctioneer warrants that he believes that the
Seller of each Lot is able to pass good title, and if the
Seller is not able to do so, the Auctioneer shall use his
reasonable endeavors to assist the Buyer in obtaining
good title and in pursuing any remedies the Buyer
might have against the Seller, but the Auctioneer shall
not be bound to initiate litigation and shall not be under
any other obligation to the Buyer.
Every Lot is sold as seen and where lying.
No Lot is sold as compromising or including any
new goods.
The Auctioneer neither has nor professes any
expert or other knowledge of any Lot sold and is
hereby excluded any liability the Auctioneer might
otherwise incur and any right or immunity the Buyer
might otherwise possess in respect of any conditions
warranties or representations relating to the condition
of any Lot sold or the merchantable quality of the Lot or
its fitness for the particular or any purpose for which it
is or may be required whether such conditions
warranties or representations are expressed or implied
in the Auction Pages or are the subject of oral or
written statements made by or on behalf of the
Auctioneer or any other person before or in the course
of the Auction.
No liability shall attach to the Auctioneer either in
contract or in tort for loss, injury or damage legal or
other expenses sustained by the Seller, any Bidder, the
Buyer or any other person by reason of:-
any defect in any Lot sold, whether or not such
defect be latent or apparent on examination;
any defect or danger of the premises where the
Auction is held;
any alleged failure of the Auctioneer to properly
advertise the Auction or to seek or obtain expert legal
advice with regard to any Lot offered for sale or its
reserve price;
any act or omission of the Auctioneer in the conduct
of the Auction or after the Auction;
any act or omission of any person other than the
Auctioneer.
In the event delivery of the Lot can not be made
because of loss due to fire, theft or any other reason,
the Auctioneer shall only be liable for the return of any
deposits or payments made by the Buyer.
The Seller shall indemnify the Auctioneer in respect
of any claims made by another or third party for any
loss injury damage or legal or other expenses referred
to in clause 9.5 above.
The Auctioneer shall not be liable to indemnify the
Seller or any Bidder or the Buyer in respect of any
claims made by another or third party for any loss
injury damage or legal or other expenses referred to in
clause 9.5 above.
In no circumstances shall the Auctioneers be liable
for any consequential damage.
Waiver
No indulgence shown by the Auctioneer shall
prevent the Auctioneer or the Seller from subsequently
insisting upon their respective rights and remedies.