CONDITIONS OF SALE FOR MACHINERY SALES BY AUCTION

1 DEFINITIONS

In these conditions the following terms have the following meanings unless inconsistent with the context:

“Auctioneers” means Brown & Co – Property and Business Consultants LLP (‘Brown & Co)

“Host” means iBidder.com and bidspotter.co.uk – The host website portals for this auction.

“Commission” means the commission charged on the sale of Lots

“Conditions” means the standard terms and conditions of business set out in this document

“Lots” means all or any machinery and other items sold or intended to be sold in accordance with these conditions

“Purchaser” means a person, firm or Company who purchase any Lot

“Vendor” means a person, firm or Company who puts forward any Lot intended to be sold at the sale

“Sale” means a sale of the Lots by auction from time to time organized by the auctioneers

“Storage Location” means the venue at which the specific lot is stored during the sale period and is available for viewing (please note Brown & Co staff will not be available to attend viewings).

“Sale price” means the price at which a Lot is sold to the winning buyer.

“Sale Proceeds” means the net amount due to the Vendor being the Sale price of the lot sold less commission and expenses and any other amounts due to the Auctioneer by the Vendor in whatever capacity and howsoever arising

“Reserve Price” means the minimum price fixed by either the Auctioneers or Vendor at which any Lot is to be sold at the sale

“Auction Period” means the duration of the auction as advertised. Any time periods running from the end of the Auction Period commence at the closing time of the Auction Period.

Except where the context otherwise requires words denoting the singular include the plural and vice versa; words donating one gender includes all genders, words denoting persons include corporations.

2 CONDITIONS OF SALE

All persons registered to bid at the Sale in any capacity are deemed to bid on the understanding that they have read and understood these Conditions. These Conditions may be supplemented or superseded by Special Conditions applicable to specific Sales, any such special conditions will be noted within the descriptions of specific lots.

3HEALTH AND SAFETY

(i)All persons viewing a lot do so at their own risk and with notice of the condition of the premises and their contents.

(ii)All persons viewing a lot are hereby made aware that there may be significant risks on the Storage Location including moving machinery and equipment; Caution should be exercised at all times and children and animals/pets must be fully supervised at all times.

(iii)All persons viewing a lot must take notice of all specific health and safety notices on display at individual sites. If in doubt, please consult the Auctioneer in charge.

(iv)Any accidents or incidents that occur on the Storage Location must be immediately reported to Brown & Co and the Vendor and details recorded in the appropriate accident books. No powered machinery or equipment should be started without the prior approval of the Auctioneers or the vendor.

(v)Any vehicles brought onto the Storage Location to collect lots are at their own risk and should be operated with extreme caution and within a 5mph speed limit. Loading using machinery should only be undertaken by suitably qualified and experienced operators.

(vi)The Auctioneers shall have the right at their discretion to refuse admission to their premises or those of their clients by any person.

4 AUCTIONEERS STATUS

(i) The Auctioneers sell as agents for the Vendor except where they are stated wholly or partly to own any Lot as principal.

(ii) The parties to the contract of sale are the Vendor and the Purchaser and the Auctioneers as such are not responsible for any default by Vendor or Purchaser.

(iii) The Auctioneers includes any employee or agent of the Auctioneers who at the relevant time has the authority to conduct an auction sale.

5 EXCLUSION OF LIABILITY

(i) The Auctioneers shall not be liable for any expense, loss, claim or proceedings in respect of any loss or damage whatsoever to any property real or personal (including any Lots) whether incurred before, during or after the Sale.

(ii) The Auctioneers shall not be liable for any expense, loss, claim or proceedings in any respect or personal injury to or death of any person arising out of or in the course of or caused by the Sale, except to the extent that the same is due to the negligence of the Auctioneers, their servants or agents.

6 WARRANTY

In case of dispute as to the interpretation of these Conditions the decision of the Auctioneers shall be final and binding on all parties save as provided for in Clause 18.

7 RESERVATIONS

(i) The Auctioneers sell as agent for the Vendor and as such are not responsible for any default by the Vendor or Purchaser.

8 CATALOGUES AND ADVERTISEMENTS

The Auctioneers cannot guarantee that any Lot described in any Catalogue or advertisement nor that any description therein contained can be relied upon as accurate. Any illustrations in Catalogues are for general identification only.

9 RESERVE PRICE AND BIDDING

(i) The Purchaser shall be the person who makes the highest bid acceptable to the Auctioneers.

(iii) No bidding shall be retracted. The bidding increments will be regulated by the Auctioneers.

(iv) All Lots must be inspected by the Purchaser who bids on the understanding that he has inspected (or is deemed to have inspected the Lot for which he is bidding and agrees to take it with all faults and imperfections (subject to Clause 20).

(vi) The Auctioneers may without giving any reason, refuse to accept the bidding of any person.

(vii)The Auctioneers and/or the Vendor reserve the right to fix a Reserve Price for any lot.

10 PAYMENT

(i)All Purchasers must register their names and addresses before they are permitted to bid in an online sale, The Auctioneers reserve the right to reject or terminate any registration at its sole discretion.

(ii)On conclusion of the Auction period Brown & Co will notify the buyer by email to confirm:

(a)That the Buyer is the winning bidder

(b)The amount of the successful bid

(iii)Attached to the notification email will be an invoice for the amount of the winning bid plus any relevant commission and VAT.

(iv)All lots must be paid for within 5 working days of the conclusion of the Auction period without exception.

(v)The Auctioneers may at their absolute discretion, agree to accept payment by such other means or such other manner as they see fit.

(vi)All payments must be made by either Cheque, Bankers Draft, Postal Order, Debit Card, BACS or CHAPS, payments will not be accepted by credit card.

11 RESERVATION OF TITLE

(i) The Auctioneers shall ensure that the title in the Lot remains vested in the vendor (or Auctioneers as Agents of the Vendor) until payment in full has been made. If the Vendor has been paid, but the goods not paid for the title remains with the Auctioneers, until full payment has been made.

12 RESPONSIBILITY FOR LOTS

After the close of the sale such risk and duty shall devolve upon the Purchaser.

13 VALUE ADDED TAX ON PURCHASE PRICE

VAT at the standard applicable rate will be added to the sale price of all lots unless they are exempt.

14  WARRANTY AND INSPECTION OF GOODS

(i) Unless a warranty is specifically given for a particular Lot at the time of the Sale all Lots are sold with all faults and imperfections and errors of description.  Purchasers should satisfy themselves prior to the sale of the Lot as to the condition of each Lot and should exercise and rely on their own judgement as to whether the Lot accords with its description.  Neither the Auctioneers, their servants or agents are responsible for errors of description or for the genuineness or authenticity of any Lot.  Unless otherwise stated no warranty is given by the Auctioneers, their servants or agents or by any Vendor to any Purchaser in respect of any Lot and any express or implied conditions or warranties are excluded to the fullest extent permitted by law.

(ii) If any Lots are described at the same time of the Sale as in “working order” such Lots shall have no defect which renders them incapable of the reasonable work for which they are intended and they must be capable of performing such work for a period of 7 days commencing at 12 noon on the sale day subject always to Clause 17 set out below.

(iii) Any Lot described by the Vendor as “just overhauled”, “straight from work”, “worked up to date of Sale” or “as new” or any other description calculated to mislead Purchasers will be deemed to have been sold with a warranty that such Lot is in “working order” and therefore has no defect which renders it capable of the reasonable work for which it is intended and it must be capable of performing such work for a period of 7 days commencing at 12 noon on the sale day subject always to Clause 17 set out below.

(iv) All electrical items require a current Electrician’s Safety Certificate and any item entered into the sale without a Certificate will either be refused entry or have the lead and plug removed and sold as scrap.  Where electrical equipment is sold without specific instructions for use it is the responsibility of the Purchaser to take independent advice as to the correct operating procedures and any characteristics specific to them.  The Auctioneers and Vendor shall have no responsibility for the safe use of the item.

15  COMPLIANCE WITH ROAD TRAFFIC ACTS

The Purchaser of any vehicle or trailer is responsible for complying with all legal requirements as to the construction and the use of such vehicle or trailer and for obtaining all certificates, permits or other authorization necessary before such vehicle or trailer can be used on the road.

16  HEALTH AND SAFETY AT WORK ACT 1974 AND ALL OTHER ACTS AND REGULATIONS APPLICABLE TO HEALTH AND SAFETY

(i) The Purchaser of any Lot is responsible for complying with all legal requirements as to the safe use of Lots purchased at the Sale and shall ensure compliance with all relevant legislation relating to the safe use of such Lots.

(ii) The Purchaser will be deemed to have inspected any Lot and will be solely responsible for ensuring that the Lot complies with the Health & Safety at Work Act 1974 and in particular Sector Information Minute 01/2006/03 as issued or subsequently amended by the Health and Safety Executive or subsequent governing body prior to commencing use or work with such Lot.

(iii) The Purchaser will provide if requested by the Vendor or the Auctioneer acting as Agent on behalf of the Vendor a written undertaking pursuant to Section 6(8) of the Health and Safety at Work Act 1974 to confirm that all duties under Sections 6(1)(a) or 6(1a) of the Health & Safety at Work Act 1974 have passed to the Purchaser at the fall of the hammer.

17  NOTIFICATION OF DEFECTIVE LOTS

(i) Any Purchaser disputing the accuracy of any description or alleging breach of warranty of the Lot purchased shall notify the Auctioneers as soon as practicable and no later than 12.00 noon on the third working day following the Sale at which the Lot was purchased and shall return such Lot to the Storage Location not later than seven days following such Sale together with a competent engineer’s report (if so required by the Auctioneer) setting out full details of the defect alleged.

(ii) The Auctioneers may appoint as arbitrator any person including but without limitation any partners of their own firm or any person in their employ who decision shall be final and binding on the Vendor and the Purchaser.

18  RESALE DUE TO FAILURE OF COMPLIANCE

(i) On failure of compliance with the Conditions, the Auctioneers may without prejudice to any other rights they may have, resell the Lot or Lots, either by public auction or private contract and the deficiency (if any) arising upon the resale together with all expenses shall be due as a debt by the defaulter of the first sale.

(ii) The defaulter shall not be entitled to any surplus which may arise by such re-sale, which shall remain the property of the Auctioneers.

(iii) Expenses shall be deemed to include the usual Auctioneers’ commission on the re-sale and all expenses for porters, advertising, market tolls, carriage, care, storage, keep and otherwise.

19  AUCTIONEERS’ RIGHT TO ANNUL SALES

(i) In the event of any dispute or refusal to pay or of non-payment on the part of the Purchaser, the Auctioneers may, entirely at their discretion, annul and cancel the sale of such Lot or Lots at any time.

(ii) Persons viewing lots at the Storage Location are respectfully reminded that verbal or physical abuse of any person, especially Brown & Co staff, will not be tolerated.

20  REMOVAL OF LOTS FROM STORAGE LOCATION

(i) All Lots whether sold or unsold may not be removed from the Storage Location without a pass for the removal of Lots.  Passes must be obtained from the Auctioneers’ Offices.  All Lots must be checked out by a Representative of the Auctioneers.

(ii) The buyer has no right to anything not described in the catalogue.

(iii) The buyer will be responsible for removal of lots at his own expense and must provide his own labour and equipment.  Such removal must be carried out safely and lawfully and in accordance with any conditions of sale of which the buyer is notified.

(iv)  All Lots purchased must be cleared from the Storage Location within seven days of the date of the Sale in which they were purchased.

(v)  The Auctioneers reserve the right to sell entirely without reserve by auction at the next, or at any future Sale, any sold or unsold Lot which remains in the Storage Location for longer than the times specified in clause 20 (ii) above, unless they have received and accepted in their sole opinion a satisfactory explanation in writing from the Purchaser or Vendor as to why the Lot remains in the Storage Location.

21  APPLICABLE LAW

These Conditions shall be governed and constructed in accordance with English Law.  All transactions to which these Conditions apply and all connected matters shall also be governed by English Law.

22  BUYER’S PREMIUM

No buyers premium is charged in this Auction.

22  IBIDDER/BIDSPOTTER ADMINISTRATION CHARGE

The Auctioneers will charge purchasers an ibidder/bidspotter internet surcharge of 1% (plus VAT) on the hammer price of each and every Lot purchased.

LOCATION – From junction 26 of the M6 take the M58 West and leave the motorway at junction 3 signposted towards Rainford and turn left onto the A570. At the roundabout turn left onto Bushey Lane and then turn right onto News Lane. Continue over the traffic lights and take the second left turn into Maggots Nook Lane where the farm is located after approximately 750m. The postcode for the sale ground is WA11 8PL.

All persons attending the sale ground are reminded that there may be risks on the site including moving machinery and vehicles and to exercise caution at all times with any children being fully supervised at all times. Any incidents that occur on the sale ground should be reported immediately to the Brown & Co office for details to be recorded.

No vehicles will be permitted onto the sale ground during the sale.

PAYMENT - All lots become the sole risk of the buyer at the fall of the hammer.  The property in a lot purchased shall not pass to the buyer or be removed until payment has been cleared of the full purchase price (including commission and VAT) to the auctioneers.  All lots must be paid for on the day of the sale.

CHEQUE PAYMENTS - Buyers unknown to the auctioneers wishing to pay by cheque with immediate clearance must be accompanied by a written Bank reference for a sum equal to or in excess of the total invoice.  The reference must specify the sale location, date, the account details upon which the cheque will be drawn and the amount up to which their cheque will be honoured. We are able to accept VISA, DELTA and SWITCH debit cards only. Payments by credit card are not acceptable.In order to comply with Money Laundering Regulations 2003 we are unable to accept cash payments for sums in excess of £7,500 either as a single payment or multiple payments totalling £7,500.

REMOVAL OF LOTS - No lots may be removed from site unless accompanied by a receipted invoice.  All lots are to be removed by 20thApril 2016

LOADING FACILITIES - Loading facilities will be available on sale day until 5pm only. Loading outside these times will be strictly by arrangement with the Sellers.  Any lots remaining after 20th April 2016 will be re-sold (see section 11 of the Conditions of Sale).  The Auctioneers and Seller will not accept any responsibility or liability for the loss or damage to lots left on the sale ground and all Buyers are reminded that they are entirely responsible for any lot purchased from the fall of the hammer.

Vehicles entering the sale ground for loading must operate below a 5mph speed limit and move with caution. 

BUYER’S FACILITIES - All potential Buyers are requested to register with the Auctioneers and complete a Buyer’s Number Slip and be allocated a Buyer’s Number.  Bids may not be accepted without a Buyer’s Number.

VAT - VAT will be payable on all lots in addition to the hammer price at the standard rate. 

CONDITIONS - The sale will be conducted under our standard Conditions of Sale reproduced in this catalogue.  All prospective Buyers should ensure that they have read and understood those Conditions.  The act of bidding will be taken as acceptance of them.

REFRESHMENTS - These will be available on the sale day.

COMMISSIONS - The Auctioneers will be pleased to take written commission bids prior to the sale.  Forms are available on request.

ENGINE HOURS - Neither the Sellers nor the auctioneers make any warranty regarding engine hours or vehicles mileages.

INSPECTION OF EQUIPMENT – No powered machinery or equipment may be started without the prior approval of a Brown & Co representative.

FORTHCOMING SALES - If you wish to receive catalogues of future sales, please leave your name and full address at our pay office.

CATALOGUE ENTRIES - Whilst every attempt is made to ensure that the descriptions are accurate, no guarantees are either given or implied.  Buyers should be aware that from time to time, lots are withdrawn and other lots added.  Please contact the auctioneers prior to the sale to ensure that the machinery has been delivered onto the sale ground.

VIEWING – Tuesday 12^th April 2016 from 10am until 4pm and on the morning of the sale from 8am.

EXPORT OF GOODS - All goods purchased at Brown & Co auctions that are to be exported or removed from the United Kingdom will:

1. Be dealt with under the requirements set out of HM Customs and Excise publications:

a)     VAT Notice 703 dated April 2014 – Export of goods from the United Kingdom.

b)     VAT Notice 712 dated January 2014 – The Single Market.

c)      VAT Information Sheet 2/00 dated May 2000 – Exports and Removals:  Conditions for zero rating

1. Be ZERO RATED for VAT purposes subject to the following conditions being met:

a)     The buyer provides Brown & Co with their VAT/FISCAL NUMBER (which will be verified with UK Customs & Excise) at the time of purchase.

b)     The goods are removed from the United Kingdom within three months from the time of supply (the date of auction).

c)      Brown & Co are provided with valid commercial documentary evidence that the goods have been removed from the United Kingdom in a format approved by the Auctioneers to include

Unless and until the above requirements are fulfilled Buyers will be charged VAT at the United Kingdom standard rate (currently 20%).  This will only be refunded if all requirements within the regulations are met within the specified time limits.